ROTH v. NORFALCO LLC

No. 10-2524.

651 F.3d 367 (2011)

David ROTH; Betsy Roth, Appellants v. NORFALCO LLC.

United States Court of Appeals, Third Circuit.

Filed: June 28, 2011.


Attorney(s) appearing for the Case

Albert J. Evans (argued), Riley & Fanelli P.C., Pottsville, PA, for Appellant.

David C. Gustman,   Deborah H. Bornstein (argued), Marc H. Kallish,   Tina C. Mazzulla, Freeborn & Peters LLP, Chicago, IL, Stephen J. Kastenberg,   Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA, Dennis R. Sheaffer, Tucker Arensberg & Swartz, Harrisburg, PA, for Appellee.

Before: FUENTES, SMITH, and GREENBERG, Circuit Judges.


OPINION

SMITH, Circuit Judge.

David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act ("HMTA"), 49 U.S.C. §§ 5101-5128. We agree...

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