BERGER v. PERSONAL PRODUCTS, INC.

No. 56098-6.

115 Wn.2d 267 (1990)

797 P.2d 1148

ERNEST BERGER, as Personal Representative, Appellant, v. PERSONAL PRODUCTS, INC., ET AL, Respondents.

The Supreme Court of Washington, En Banc.

September 20, 1990.


Attorney(s) appearing for the Case

Rush, Hannula & Harkins, by William J. Rush and Daniel R. Kyler, for appellant.

Susan J. Robinson, Gregory C. Sisk, and Karr Tuttle Campbell (George Gore, Victoria L. Vance, and Arter & Hadden, of counsel), for respondents.


SMITH, J.

Appellant Ernest Berger, as personal representative of the estate of Sheila Berger, deceased, appeals from a partial summary judgment of the Yakima County Superior Court dismissing his product liability action against respondent Personal Products, Inc. We affirm the trial court.

The sole question we consider is whether under 21 U.S.C. § 360k(a) and 21 C.F.R. § 808.1(b) federal law preempts a state tort action based on the claims of inadequate...

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