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CARRILLO v. ACF INDUSTRIES, INC.

No. S072065.

86 Cal.Rptr.2d 832 (1999)

980 P.2d 386

20 Cal.4th 1158

Jose CARRILLO, Plaintiff and Respondent, v. ACF INDUSTRIES, INC., Defendant and Appellant.

Supreme Court of California.

July 27, 1999.

Attorney(s) appearing for the Case

Horvitz & Levy, Ellis J. Horvitz, Barry R. Levy, Andrea M. Gauthier, Encino; Dwyer, Daly, Brotzen & Bruno, Ronald A. Dwyer, Toni Rae Bruno, Los Angeles, and Douglas W. Schroeder, Santa Ana, for Defendant and Appellant.

Mayer, Brown & Piatt, Kenneth S. Geller, Alan E. Untereiner and Donald M. Falk, Washington, DC, for Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Appellant.

Louis P. Warchot; Michael J. Rush; and Gloria W. Topping for Association of American Railroads as Amicus Curiae on behalf of Defendant and Appellant.

Fogel, Feldman, Ostrov, Ringler & Klevens, Jerome L. Ringler, Lester G. Ostrov, Santa Monica, Toni Martinson and Jan G. Levine, for Plaintiff and Respondent.

Eisen & Johnston, Jay-Allen Eisen, Marian M. Johnston, Sacramento; Mound, Cotton & Wollan, Ellen G. Margolis and Daniel Markewich, New York City, as Amicus Curiae.

BROWN, J.

Under the supremacy clause of the United States Constitution (art. I, § 8), do federal statutes specifying safety equipment on railroad freight cars preempt a state common law claim for tort damages based on allegedly defective design with respect to such equipment? The Court of Appeal determined federal law did not displace the state action. We conclude otherwise. As interpreted by the United States Supreme Court, the statutes and their implementing...

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