Legal Opinion
Kalan Enterprises, LLC v. BNSF Railway Co.
District Court, D. Minnesota
Decided February 14, 2006No. 05CV1326(JMR/RLE)PublishedCited by 3 opinions
1Opinion of the Court
ORDER
ROSENBAUM, Chief Judge.
A freight train operated by defendant derailed. The accident caused a railcar to eject, demolishing a warehouse occupied by plaintiffs business. Plaintiff seeks damages for the losses incurred. Defendant seeks summary judgment, claiming federal preemption bars plaintiffs state law negligence and res ipsa loquitur claims. 1 Defendant’s motion is granted.
I. Background 2
On October 7, 2003, a railcar owned and operated by defendant, BNSF Railway Company (“BNSF”), jumped the track in Perham, Minnesota. The car crashed into a warehouse leased by plaintiff, Kalan…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Hartnagel v. NormanCourt of Appeals for the Eighth Circuit · 1992
- Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
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3Cited by3 opinions
- Mehl v. Canadian Pacific Railway, Ltd.District Court, D. North Dakota · 2006
- Bradford v. Union Pacific RailroadDistrict Court, W.D. Arkansas · 2007
- Southern California Regional Rail Authority v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 2008