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Silva v. Union Pacific Railroad Co.12/28/2000
peed based upon the type of signal system that is in place. If the railroad fails to comply with track or signal system requirements for speed at which trains are operated, the railroad is subject to penalty. [ ] . . . [ ] FRA has never assumed the task of setting train speed. Rather, the agency holds railroads responsible . . . by properly maintaining track for the speed they set themselves." (Track Safety Standards, 63 Fed.Reg. 33998, 33999 (June 22, 1998).)
Plaintiffs claim in their opening brief that, based on the testimony of the sole witness to testify at the hearing, Union Pacific failed to prove that it kept its tracks according to the regulations. Their apparent aim is to show that if Union Pacific was not in compliance with the appropriate regulations the railroad is therefore divested of the federal mantle of protection. This approach is misguided. The clear import of the federal material just quoted is that the railroads set their own track classifications using criteria found in the regulations. If a railroad fails in compliance, it must answer to federal authorities. Plaintiffs have cited no authority to the contrary.
This conclusion reduces the scope of our inquiry considerably. The only material point is whether the trial court abused its discretion when it ruled, based on the evidence submitted only by Union Pacific, that the railroad had established that the stretch of track pertinent to the accident was Class IV track. The sole witness provided testimony supporting that conclusion. Union Pacific also presented its timetable (also received in evidence), which corroborates the testimony. This was ample evidence to demonstrate that no abuse of discretion occurred.
DISPOSITION
The judgment is reversed and the cause is remanded to the trial court for further proceedings in accordance with part I of this opinion. The parties shall bear their respective costs of appeal.
We concur:
Hanlon, P.J.
Sepulveda, J.
Trial Court: Alameda County Superior Court
Trial Judge: Hon. John A. Burke
Page 1 2 3 4 5 California Personal Injury Attorneys
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