special concurrence.
I agree with the majority opinion that certiorari issued by the United States Supreme Court directs only that this Court consider the preemption issue. I agree with the majority opinion insofar as it treats that preemption question. However, I continue to adhere to my position expressed in Rawson v. United Steelworkers, III Idaho 630, 726 P.2d 742 (1986), wherein I dissented from Part II of the Court’s *789decision reversing the issue of summary judgment on the negligence claim.