Argument of Justice Stevens
Mr. Stevens: I have the opinion to announce in No. 01-706, Sprietsma against The Brunswick Corporation, a case that comes to us from the Supreme Court of Illinois.
Petitioner's wife suffered fatal injuries when she fell off a motorboat and was struck by its propeller.
Petitioner brought a state law tort suit against respondent, the manufacturer of the motorboat alleging that it had manufactured an unreasonably dangerous product, because, among other things, the motor was not protected by a propeller guard.
The State Court's held that the action was preempted by the Federal Boat Safety Act, a statute enacted by Congress in 1971 to improve the safe operation of recreational boats.
The statute gives the Secretary of Transportation authority which has been delegated to the Coast Guard to issue regulations establishing minimum safety standards for recreational vessels and associated equipment.
We granted certiorari to decide whether petitioner's action is preempted either by the federal statute itself or by a decision of the Coast Guard in 1990 not to promulgate a regulation requiring propeller guards on motorboats.
For reasons stated in a unanimous opinion filed with the Clerk, we hold that petitioner's action is not preempted and therefore reverse the judgment of the Illinois Supreme Court.
