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ANDRE v. UNION TANK CAR CO., INC.

213 N.J. Super. 51 (1987)

516 A.2d 277

JOSE ANDRE AND IRISABELA ANDRE, HIS WIFE, PLAINTIFFS, v. UNION TANK CAR COMPANY, INC.; "A" MANUFACTURING COMPANY, A FICTITIOUS NAME REPRESENTING A DEFENDANT WHOSE IDENTITY IS UNKNOWN TO PLAINTIFFS; "B" DISTRIBUTING COMPANY, A FICTITIOUS NAME REPRESENTING A DEFENDANT WHOSE IDENTITY IS UNKNOWN TO PLAINTIFFS, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Updated January 21, 1987.

Attorney(s) appearing for the Case

Leonard T. Bzura for plaintiffs (Forman, Forman, Cardonsky & Andril, attorneys).

John C. Heavey for defendant (Carpenter, Bennett & Morrissey, attorneys).

SACHAR, J.S.C.

This failure-to-warn products liability case presents for consideration the effect of the Federal Railroad Safety Act, 45 U.S.C.A. § 421 et seq., and its preemptive effects, as well as the strict liability in tort duty to warn, placed on the manufacturer of a railroad tank car in the absence of any such federal preemption. The court concluded that under either federal preemption or...

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