Mizner v. North River Homes, Inc.

913 S.W.2d 23, 1995 Mo. App. LEXIS 1019, 1995 WL 319126
CourtMissouri Court of Appeals
DecidedMay 30, 1995
DocketNo. 66983
StatusPublished
Cited by4 cases

This text of 913 S.W.2d 23 (Mizner v. North River Homes, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mizner v. North River Homes, Inc., 913 S.W.2d 23, 1995 Mo. App. LEXIS 1019, 1995 WL 319126 (Mo. Ct. App. 1995).

Opinion

PUDLOWSKI, Judge.

This is an appeal from a dismissal of plaintiffs’ claims for damages in strict products liability and negligence for injuries resulting from their exposure to formaldehyde gas in their mobile home. The motion court dismissed plaintiffs’ state law claims on the basis that a regulation issued by the Secretary of Housing and Urban Development (HUD) preempted them. We reverse and remand because Congress expressed a clear intent that such regulations should not affect common law damage suits.

Plaintiffs purchased a mobile home from defendant Cape Mobile Home Mart, Inc., in Cape Girardeau, Missouri, in June of 1990. This mobile home was manufactured in Alabama by defendant North River Homes, Inc. Plaintiffs moved the mobile home from the dealership in Cape Girardeau to Franklin County, Missouri. Plaintiffs, a family of four, lived in the mobile home as their permanent residence from June of 1990 through April of 1993.

Plaintiffs allege that the particle board, cabinets, paneling, carpeting, carpet padding, and insulation contained urea-formaldehyde resins, adhesives, and bonding agents which emitted toxic formaldehyde gas into the interior of their mobile home. They allege that this gas caused nausea, headaches, vomiting, breathing difficulties, and other effects upon them neurological, respiratory, and immune systems. They brought suit in the St. Louis City Circuit Court, alleging numerous [25]*25grounds for relief. Prior to the hearing on defendants’ motion to dismiss plaintiffs’ first amended petition, plaintiffs voluntarily dismissed all counts except three: Count II, strict liability for manufacturing and selling an unreasonably dangerous and defective product; Count IV, strict liability for failure to warn of the dangerous condition; and Count VI, negligence for failure to use reasonable care in the design, manufacture, testing, and inspection of the mobile home and its components.

The circuit court dismissed the remaining three counts on the basis that they were preempted by federal law. The sole question on appeal is whether state law damage claims for strict liability and negligence are preempted by HUD regulations promulgated under 42 U.S.C.A. §§ 5401 — 5426 (1983), the National Manufactured Housing Construction and Safety Standards Act of 1974 (Manufactured Home Act). 24 CFR § 3280.308 establishes maximum formaldehyde emission levels for plywood and particleboard materials in manufactured homes. 24 CFR § 3280.309 requires manufacturers to place a health notice about formaldehyde in every manufactured home’s kitchen.

The intent of Congress is the primary issue in determining the preemptive effect of federal law. Cipollone v. Liggett Group, Inc., 505 U.S. 504, 515, 112 S.Ct. 2608, 2617, 120 L.Ed.2d 407 (1992). Federal law does not preempt areas of traditional state law unless that is “ ‘the clear and manifest purpose of Congress.’” CSX Tramp., Inc. v. Easterwood, 507 U.S. 658, 664, 113 S.Ct. 1732, 1737, 123 L.Ed.2d 387 (1993), quoting Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 1152, 91 L.Ed. 1447 (1947). The best evidence of Congress’ intent is the plain wording of any express preemption clause in the statute. CSX, 507 U.S. at 664,113 S.Ct. at 1737. If an express provision is present, the language of that provision usually controls, yet implied preemption is still possible if an actual conflict with state law is demonstrated. Freightliner Corporation v. Myrick, — U.S.-,- -, 115 S.Ct. 1483, 1487-88, 131 L.Ed.2d 385 (1995).

In the instant case, the Manufactured Home Act contains two preemption provisions.1 The first, § 5403(d), indicates that state law standards which differ from federal standards are generally preempted:

Whenever a Federal manufactured home construction and safety standard established under this chapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the Federal manufactured home construction and safety standard.

42 U.S.C.A. § 5403(d) (1983). However, the second preemption provision, § 5409(c), indicates that compliance with federal standards does not affect common law:

Compliance with any Federal manufactured home construction or safety standard issued under this chapter does not exempt any person from any liability under common law.

42 U.S.C.A. § 5409(c). To interpret the effect of these provisions, we must construe them narrowly in light of the presumption against preemption of state police powers. Cipollone, 505 U.S. at 517,112 S.Ct. at 2618. If the express language does not clearly preempt state law, then we must ascertain whether plaintiffs’ common law actions actually conflict with federal law and whether plaintiffs’ lawsuit frustrates the accomplishment and execution of the full purposes and objectives of Congress. Freightliner, supra at-, 115 S.Ct. at 1487-88.

The Western District of this court recently interpreted two preemption clauses, with essentially identical language, in the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. §§ 1381 et seq. (Motor Vehicle [26]*26Act). Section 1392(d) of the Motor Vehicle Act provided:

Whenever a Federal motor vehicle safety standard ... is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle ... any safety standard applicable to the same aspect of performance of such vehicle ... which is not identical to the Federal Standard.

Loulos v. Dick Smith Ford, Inc., 882 S.W.2d 149, 150 (Mo.App.W.D.1994). Section 1397(k) of the Motor Vehicle Act provided:

Compliance with any Federal motor vehicle safety standard ... does not exempt any person from any liability under common law.

Id.

The Loulos court found that the latter clause made it unmistakably clear that Congress did not wish to preempt common law damage suits. Loulos, 882 S.W.2d at 151-52. The United States Supreme Court recently affirmed the Eleventh Circuit’s decision, relied upon by Loulos, that these two clauses of the Motor Vehicle Act, read together, do not expressly preempt state common law claims. Freightliner Corporation v. Myrick, — U.S. -, 115 S.Ct. 1488, 131 L.Ed.2d 385 (1995), affirming Myrick v. Freuhauf Corp., 13 F.3d 1516 (11th Cir.1994).

A federal district court reached the same result with respect to the instant Manufactured Home Act and the formaldehyde regulations. In Shorter v.

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Bluebook (online)
913 S.W.2d 23, 1995 Mo. App. LEXIS 1019, 1995 WL 319126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mizner-v-north-river-homes-inc-moctapp-1995.