Preemption Defense Leads to Summary Judgment for Solvent-Maker Sunnyside Corp.

NEW YORK — A federal judge has ruled that tort claims resting on allegedly inadequate warnings are preempted by the Federal Hazardous Substances Act, leading to summary judgment for Sunnyside Corp. in a workplace injury and wrongful death suit.

Judge Frederic Block of the U.S. District Court for the Eastern District of New York issued his ruling and a final judgment dismissing cross-claims and state-law claims May 24.

The suit was initially brought by Dean Williams, who was seriously burned when a canister of Sunnyside’s alcohol-based solvent exploded. The accident occurred when fumes leaked from a puncture in a closed …