Cases

Ronald Lee Harrison and Brenda G. Harrison v. Skyline Coporation

Case Number:
34706
Case Date:
23-09-2009
Case Issue:

The circuit court has certified the following questions to this Court by Order entered August 11, 2008:

QUESTION 1): Does the preemption provision found at 42 U.S.C. § 5403(d)* preempt and bar Plaintiffs' common law negligence claim based upon formaldehyde exposure when the Plaintiffs do not claim, and cannot establish, that the Defendants failed to comply with the formaldehyde standards established in 24 CFR §§ 3280.308 and 3280.309? ANSWER: NO

QUESTION 2): May the plaintiffs present evidence of ambient air testing for the presence of formaldehyde in support of their common law negligence claim when HUD specifically considered and rejected the ambient air standard of case.?* ANSWER: YES

QUESTION 3): Does the "savings clause" of 42 U.S.C. § 5409(c) preclude the Court from granting the Defendants' motions for summary judgment when despite the legislative history which establishes that it was HUD's Intention that federal stands Preempt State and local formaldehyde standards in accordance with 42. U.S.C. 5403(d)? ANSWER: YES