Leaky claim sinks suit on leaky drum

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 20, 2014 2:54 PM

Pre-emption based on the federal Hazardous Materials Transportation Act (HMTA) and the Hazardous Materials Regulations (HMR) knocked out Steven Noffsinger’s state law claims against Valspar Corp. for injuries from exposure to a hazardous substance from a leaking 55-gallon drum of Dynaprime, a solvent-based coating. The leak occurred when Noffsinger, an employee of MCT Transportation, was driving a trailer with 72 drums of Dynaprime from Valspar’s plant in Kankakee to Santa Fe Springs, Calif. His complaint …

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