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Sprietsma v. Mercury Marine October 15, 2002 (01-706) return to case listing Case Summary Petitioner Sprietsma, survivor of a boat passenger who died after falling from a boat and being struck by propeller blades, brought a wrongful death action against Mercury Marine, the engine's designer, alleging that the boat's engine should have been equipped with a propeller guard. Mercury Marine contends that Petitioner's common law claims are preempted by the Federal Boat Safety Act (FBSA), which does not require propeller guards. The Supreme Court of Illinois held that while the FBSA did not explicitly preempt petitioner's tort claim, it was implicitly preempted because the Secretary of Transportation, through the Coast Guard, made an informed decision that no regulatory action should be taken to require propeller guards. The decision of the Supreme Court of Illinois is found at 757 N.E.2d 75. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Affirm 7-2 to Reverse 7-2 to Reverse 9-0 to Reverse 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Kennedy Thomas Rehnquist Stevens O'Connor Scalia Souter Thomas Ginsburg Stevens O'Connor Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Scalia Souter Ginsburg Breyer Kennedy Breyer Scalia Rehnquist   return to case listing