United States Sixth Circuit

Summary judgment for defendant, a train operator, in a negligence suit for personal injury brought by a passenger of a car struck by a train is affirmed where: 1) plaintiff's negligence claim based on inadequate warnings was preempted by federal law; 2) summary judgment was proper on negligence claims relating to adequacy of visibility of the train cars and railroad crossing; and 3) plaintiff failed to establish a prima facie claim for spoliation of evidence.

Appellate Information

• Decided 02/14/2006
• Published 02/14/2006

Judges

• Before:  SILER and GRIFFIN, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert J. Fogarty, Hahn, Loeser & Parks, Cleveland, Ohio, for Appellants.  James R. Carnes, Anspach Meeks Ellenberger, Toledo, Ohio, for Appellee.   ON BRIEF:  Robert J. Fogarty, Pasquale DiMassa, Jr., Hahn, Loeser & Parks, Cleveland, Ohio, for Appellants.  James R. Carnes, Robert M. Anspach, Anspach Meeks Ellenberger, Toledo, Ohio, for Appellee.