Legal Opinion
Elrod v. Burlington Northern Railroad
Court of Appeals for the Eighth Circuit
Decided October 13, 1995No. 95-1004PublishedCited by 1 opinion
1Opinion of the Court
BOWMAN, Circuit Judge.
This is a federal preemption case. The sole issue presented in this appeal is whether the District Court1 erred when it held that plaintiffs’ Arkansas common-law negligence claim against defendant Burlington Northern Railroad Company had been preempted by federal law. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 (1988) and affirm the judgment of the District Court.
On July 18, 1992, a car collided with a Burlington Northern train at the Jefferson Street crossing in Luxora, Arkansas. The driver of the ear, Sharon K. Wimberly, and her two minor children were…
2Cases cited4 opinions
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Hester v. CSX Transportation, Inc.Court of Appeals for the Fifth Circuit · 1995
- Maitland v. University of MinnesotaCourt of Appeals for the Eighth Circuit · 1994
- Jason M. Shots v. Csx Transportation, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
3Cited by1 opinion
- Debbie Foreman Elrod, Individually and as Personal Representative of Heirs at Law of James Daniel Chase Elrod, Deceased v. Burlington Northern Railroad Company, Roy A. Wimberly, Individually Sharon K. Wimberly, Individually, and as Mother and Next Friend of Misty Wimberly and Amber Wimberly, Minors v. Burlington Northern Railroad CompanyCourt of Appeals for the Eighth Circuit · 1995