Sprietsma v. Mercury Marine, No. 1-99-0012
1st District, April 6, 2000
FOURTH DIVISION Plaintiff-Appellant, v. MERCURY MARINE, a division of BRUNSWICK CORPORATION, a corporation, Defendant-Appellee. The Honorable Joseph N. Casciato, Judge, Presiding. JUSTICE BARTH delivered the opinion of the court: The plaintiff, Rex Sprietsma, as administrator of the estate of his deceased wife, Jeanne, filed this wrongful death action against, inter alia, Mercury Marine, a division of Brunswick Corporation (Mercury), for the benefit of himself, the surviving spouse, and his son, Ross. Jeanne died after falling from a motor boat and being struck by the propeller blades of the boat's outboard engine. That engine was not equipped with a propeller guard. Mercury moved to dismiss pursuant to section 2-619 (735 ILCS 5/2-619 (West 1998)), on the ground that the common law tort claims on which Sprietsma's wrongful death action is based are preempted by provisions of the Federal Boat Safety Act (FBSA or Act) (46 U.S.C.
REX R. SPRIETSMA, Administrator of the Estate of JEANNE SPRIETSMA, Deceased, Appeal from the Circuit Court of Cook County.