United States Third Circuit
Zimmerman v. Norfolk Southern Corporation, 11-3369
In negligence action against defendant-railroad, summary judgment for defendant is: 1) reversed on plaintiff's failure to warn claim where his excessive-speed claim is not preempted under the Federal Railroad Safety Act because 49 CFR section 213.9 creates a federal standard of care and the district court improperly excluded crossing reports and accident reports; 2) reversed on plaintiff's claim of failure to maintain a safe crossing area because it is not preempted and there was sufficient evidence to support it; and 3) affirmed on his claim of negligence per se for violating various requirements in 23 CFR 646.214(b) regarding adequate warning devices.
- Decided 01/23/2013
- Published 01/23/2013
- United States Third Circuit