Hightower v. Kansas City Southern Railway Co.

1 The issues in the present cause are as follows: (1) whether Pearl's state law negli-genee theories based upon adequacy of the warning devices, excessive train speed and "local hazard conditions" are preempted by federal law such that the trial court's instructions on these issues were improper and (2) if so, whether the scope of federal preemption extends to bar evidence of adequacy of warning devices, excessive train speed and "local hazard conditions," which is offered for purposes of comparative negligence and punitive damages; (8) whether the trial court erred in instructing the jury to…