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FRASTACI v. VAPOR CORP.

No. A113752.

70 Cal.Rptr.3d 402 (2007)

158 Cal.App.4th 1389

Iola FRASTACI, Individually and as Successor in Interest, etc., et al., Plaintiffs and Appellants, v. VAPOR CORPORATION, Defendant and Respondent.

Court of Appeal of California, First District, Division Four.

December 21, 2007.

Attorney(s) appearing for the Case

Steven Marc Harowitz, Harowitz & Tigerman, San Francisco, CA, Ted W. Pelletier, Law Office of Ted W. Pelletier, San Anselmo, CA, for Plaintiffs and Appellants.

Keith Reyen, Oium Reyen & Pryor, San Francisco. CA, for Defendant and Respondent.

REARDON, J.

I. INTRODUCTION

In this appeal, the survivors of a railroad worker seek to overturn a judgment dismissing their state tort claims against locomotive manufacturer Vapor Corporation (Vapor) for asbestos-related injuries. The dismissal followed the trial court's sustaining Vapor's demurrer without leave to amend, on the grounds of federal preemption under the Locomotive Boiler Inspection Act (49 U.S.C. § 20701 et seq.; hereafter BIA), as discussed...

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