United States Seventh Circuit
Fifth Third Bank v. CSX Corp., 04-2780
In a wrongful death action resulting from a train-car collision, dismissal of plaintiff's suit is affirmed where the claim, alleging that the railroad warning devices were inadequate, is preempted by the Federal Railroad Safety Act.
Appellate Information
- Argued 02/10/2005
- Decided 07/22/2005
- Published 07/22/2005
Judges
- SYKES, Circuit Judge., Before MANION, EVANS, and SYKES, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- William J. Lazarus (argued), Kenneth J. Allen (argued), Allen & Associates Valparaiso, IN, for Plaintiffs-Appellants.
- For Appellees:
- Harold Abrahamson (argued), Aimee R. Rivera, Abrahamson & Reed, Hammond, IN, Timothy M. Swan (argued), Clark & Associates, Munster, IN, for Defendants-Appellees.