Lewis v. Brunswick Corp.

107 F.3d 1494 (11th Cir. 1997)

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Nature of the Case

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Facts

Gary and Vicky Lewis (P) sued Brunswick (D) under negligence, product liability, and fraudulent misrepresentation to recover damages for the death of their daughter who died after falling overboard from a boat and then was struck by a Brunswick engine propeller. P alleged that the engine was defective in that it lacked a propeller guard. The trial court dismissed the action under preemption by the Federal Boat Safety Act, 46 U.S.C. Sections 4301-4311, (FBSA) Under that act, the Coast Guard had determined that propeller guards were not needed. P appealed.