[Download] "Moss v. Parks Corp." by United States Court of Appeals for the Fourth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Moss v. Parks Corp.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 28, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
MORGAN, District Judge: The Plaintiff in this case, Mr. Melvin Moss, suffered severe burns when fumes from paint thinner he was using erupted into flames. The Plaintiff brought suit against defendant Parks Corporation (""Parks""), the paint thinner's manufacturer, alleging five causes of action based upon a failure to warn pursuant to the Federal Hazardous Substances Act's (""FHSA"") labeling requirements found at 15 U.S.C.A § 1261(p)(1)(F) (West Supp. 1992). Parks moved for summary judgment on the basis that the Plaintiff's counts of failure to warn were preempted by the FHSA and its regulations promulgated at 16 C.F.R. § 1500 et seq. (1991). The district court granted Parks' motion, finding the paint thinner had been properly labeled in compliance with federal law. This Court agrees that the paint thinner was properly labeled in accordance with the applicable federal standards and thus affirms the judgment of the district court.