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Tyco Defeats Worker’s Appeal Over Compressed

Aug 17, 2023Aug 17, 2023

Tyco Fire Products LP defeated an appeal Thursday by a man who was severely injured at work when a tank filled with compressed air exploded.

Federal law governing the transport of hazardous materials expressly preempts his New York-law product liability claims, the Second Circuit affirmed.

Franklin Buono sued Tyco, which had sold the tank to his employer—a company that services and repairs fire extinguishers, compressed air tanks, and fire suppression systems. He alleged Tyco didn’t adequately warn about the danger of overfilling air tanks or the risk that one could explode during foreseeable use.

Buono conceded the tank fell within ...

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