Lubben v. Chicago Central & Pacific Railroad Co.

McGIVERIN, Chief Justice.

We must determine whether a state tort claim for alleged negligent failure to install adequate warning devices at a rural railroad crossing is preempted by federal law due to federal funding of the devices at the crossing. The district court concluded that the Federal Railroad Safety Act of 1970, 45 U.S.C.A. § 421 et seq. (West 1986) (FRSA) (current version at 49 U.S.C. § 20101 et seq. (1997)), preempted such a claim in this case and granted summary judgment for the defendant railroad. Because we find no error, we affirm.

I.Background facts and proceedings. This…