 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cart v. Missouri Pacific Railroad Co.12/8/1999
NED E. DOUCET, JR. CHIEF JUDGE
(Court composed of Judge Ned E. Doucet, Jr., Chief Judge, Marc T. Amy and Glen B. Gremillion, Judges.)
AFFIRMED.
The Plaintiffs appeal the trial court's action on a variety of motions including the grant of the Defendants' "Motion for Partial Summary Judgment and Motion in Limine Regarding Speed and Track Conditions." The trial court found that certain issues were preempted by federal law.
This suit arises out of an accident at a railroad crossing. Phyllis Cart was killed when the vehicle she was driving was hit by a train at a grade crossing. Her husband and six children filed wrongful death and survival actions against the Union Pacific Railroad Company (the railroad) which merged with Southern Pacific Transportation Company prior to the accident.
The Defendants filed a "Motion for Partial Summary Judgment and Motion in Limine Regarding Speed and Track Conditions" wherein they sought to dismiss the Plaintiffs' claims and prevent the Plaintiffs from introducting evidence that:
1. The train crew was negligent in operating the train at an excessive rate of speed at the time of the accident;
2. The timetable speed established by the railroad was excessive at the accident location; and
3. The railroad mis-classified the track at the accident location.
Subsequent to the filing of the Defendants' motion, the Plaintiffs propounded requests for admissions. The Defendants objected to the motions and the Plaintiffs moved to have them deemed admitted. The Plaintiffs also filed an opposition to the Defendants' motion for summary judgment, attaching the affidavit of Tommy Smith and other documents. The Defendants filed a motion to strike Smith's affidavit as well as a number of other exhibits submitted by the Plaintiffs. The Plaintiffs moved to be allowed additional discovery regarding the speed of the train and the condition of the track.
The trial court heard all the pending motions on November 9, 1998. The court rendered judgment denying the Plaintiffs' motion to have the requests for admissions deemed admitted and their request for additional discovery. The court further granted the railroad's motion to strike, its motion for summary judgment and its motion in limine regarding speed and track conditions. The Plaintiffs appeal.
PREEMPTION
The Defendants in their motion for summary judgment, and on appeal, argue that the Plaintiffs' claims of negligence regarding the speed of the train and the condition of the track are preempted by the Federal Railroad Safety Act, 45 U.S.C. §§ 421-447 (FRSA).
As the U.S. Supreme Court stated in CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 661-62, 113 S.Ct. 1732, 1736 (1993) (footnote omitted):
FRSA was enacted in 1970 "to promote safety in all areas of railroad operations and to reduce railroad-related accidents, and to reduce deaths and injuries to persons. . . ." 45 U.S.C. 421. To aid in the achievement of these goals, the Act specifically directs the Secretary of Transportation to study and develop solutions to safety problems posed by grade crossings. § 433. In addition, the Secretary is given broad powers to "prescribe, as necessary, appropriate rules, regulations, orders, and standards for all areas of railroad safety. . . ." § 431(a). The pre-emptive effect of these regulations is governed by § 434, which contains express saving and pre-emption clauses.
This court discussed the preemption in Western Co. of N. A. v. Dynasty Transp., Inc., 96-877, pp. 2-3 (La.App. 3 Cir. 5/7/97); 696 So.2d 1, 2:
The National Railroad Passenger Co
Page 1 2 3 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|