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Duncan v. Kansas City Southern Railway Co.10/30/2000
s negligence was a cause-in-fact of the accident, this does not preclude a finding that KCS' conduct was also a cause-in-fact. Clearly, if a motorist is struck by an oncoming train because his or her view was obstructed due to the railroad's failure to adequately maintain sight distances, then the railroad's conduct is a cause-in-fact of the accident. Applying this precept to the present factual matter, we cannot say the jury erred in concluding KCS' failure to adequately maintain sight distances was a cause-in-fact of plaintiffs' damages. Further, the risk of automobile-train collisions is within the scope of the duty breached. Thus, in light of the record, the trial court's finding of liability on the part of KCS is reasonable.
FEDERAL PREEMPTION
In its second assignment of error, KCS contends the trial court erred in permitting plaintiffs to present expert testimony regarding the adequacy of signage and sight distances at the crossing because federal preemption precludes such state negligence claims. According to KCS, federal funds were spent at the East Iowa Road crossing for the installation of signs, thus making the railroad responsible for adequate signage under federal law and prohibiting testimony as to its inadequacy under state law. KCS supports this proposition with the United States Supreme Court decision in CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993), that states where "federal aid funds participated in the installation of the devices" at the crossing, federal law preempts state law claims of inadequate warning devices.
Congress enacted the Federal Railroad Safety Act of 1970 ("FRSA") "to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents." 49 U.S.C. § 20101. Under the FRSA, the Secretary of Transportation is granted authority to "prescribe regulations and issue orders for every area of railroad safety." 49 U.S.C. § 20103(a). The FRSA also contains an express preemption provision, which provide:
Laws, regulations, and orders related to railroad safety shall be nationally uniform to the extent practicable. A state may adopt or continue in force a law, regulation, or order related to railroad safety until the Secretary of Transportation prescribes a regulation or issues an order covering the subject matter of the State requirement. 49 U.S.C. § 20106.
In 1973, Congress enacted the Highway Safety Act, 49 U.S.C. § 203, 87 Stat. 283, which, in part, created the Federal Railway-Highway Crossings Program ("Crossings Program"), 23 U.S. C. § 130. The Crossings Program provides funding to the States for the "cost of construction of projects for the elimination of hazards of railway-highway crossings." 23 U.S.C. § 130(a). In return, the States must "conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose." 23 U.S.C. § 130(d). The Secretary of Transportation has promulgated regulations implementing the Crossings Program, including, 23 C.F.R. § 646.214(b), which addresses the design of grade crossing improvements. More pertinent to the matter presently before this Court, are 23 C.F.R. §§ 646.214(b)(3) and (4) addressing the adequacy of warning devices installed under the Crossings Program.
The United States Supreme Court has addressed the preemptive effect of the regulations implementing the Crossings Program in Easterwood, supra. In Easterwood, the Court explained that "federal pre-emption will lie only if the federal regulations substantially subsume the subject matter of th
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