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Gary and Vicky Lewis (P) sued Brunswick (D) under negligence, product liability, and fraudulent misrepresentation to recover damages for the death of their daughter who died after falling overboard from a boat and then was struck by a Brunswick engine propeller. P alleged that the engine was defective in that it lacked a propeller guard. The trial court dismissed the action under preemption by the Federal Boat Safety Act, 46 U.S.C. Sections 4301-4311, (FBSA) Under that act, the Coast Guard had determined that propeller guards were not needed. P appealed.

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