Armstrong v. Atchison, Topeka & Santa Fe Railway Company

ORDER

WALTER S. SMITH, Jr., District Judge.

This diversity action arises out of the death of Robert Armstrong, who was a passenger in a car that was hit by a train at a railroad crossing in Killeen, Texas. The Plaintiff asserts that the Defendant was negligent in the operation of its train at the time of the accident. The Defendant moves for partial summary judgment as to any claim that the train was travelling at an excessive rate of speed.

Both parties agree that a claim of negligence against a railroad based upon excessive speed is preempted by the Federal Railroad Safety Act (“FRSA”). Title…