Elam v. Kansas City Southern Railway Co.

BENAVIDES, Circuit Judge:

Plaintiff-Appellant Barbara Elam allegedly suffered injuries when she drove her automobile into the side of a train. Elam and her husband brought this state law tort action against the train’s owner and its engineer in Mississippi state court. The Elams claim the defendants were negligent per se in violating Mississippi’s anti-blocking statute, which purports to regulate the amount of time a train may occupy a crossing. The Elams also claim the defendants negligently failed to maintain adequate warnings of the train’s presence at the crossing. The case was removed to…