Legal Opinion
Nutt v. Union Pac. R.R. Co.
Court of Appeals of Wisconsin
Decided February 5, 2019No. Appeal No. 2018AP695Published
1Opinion of the CourtStark, P.J.
¶1 Jordan Nutt was severely injured when a car he was driving was struck by a locomotive operated by Union Pacific Railroad Company. Nutt and his parents, William Nutt and Rhonda Birk, (collectively, "Nutt") filed this lawsuit, asserting negligence claims against Union Pacific and two of its employees, Michael Searle and Angelo Aguirre (collectively, "Union Pacific").1 The circuit court granted summary judgment in favor of Union Pacific, concluding: (1) federal law preempted Nutt's claims regarding inadequate warning devices and an improper stop sign at the crossing where the collision…
2Cases cited19 opinions
- Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
- Directv, Inc. v. Jeff BuddenCourt of Appeals for the Fifth Circuit · 2005
- Fortier v. Flambeau Plastics Co.Court of Appeals of Wisconsin · 1991
- State Bank of La Crosse v. ElsenCourt of Appeals of Wisconsin · 1986
- Lane v. SHARP PACKAGING SYSTEMS, INC.Wisconsin Supreme Court · 2002
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