What is the state law duty to warn of an impending accident?
MultiRegion, United States of America
The following excerpt is from Younan v. Rolls-Royce Corp., CASE NO. 09cv2136-WQH-BGS (S.D. Cal. 2013):
"The existence and scope of a duty are questions of law for the court's determination." Ericson v. Fed. Exp. Corp., 162 Cal. App. 4th 1291, 1300 (2008) (citation omitted); see also In re Air Crash Disaster Near Cerritos, Cal., 973 F.2d 1490, 1496-97 (9th Cir. 1992) ("Whether a defendant owes a duty of care is a question of law.") (applying California law). MDHI moves for a ruling that federal law preempts any state-law duty to warn in this case.
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