Miller v. Southeastern Pennsylvania Transportation Authority

DISSENTING OPINION BY

Judge McCULLOUGH.

I respectfully dissent from the Majority’s thoughtful opinion because I do not believe that the state common law negligence action filed on behalf of David Miller and 126 Hotel Corporation (collectively, Miller) against the Southeastern Pennsylvania Transportation Authority (SEPTA) was preempted by federal law, namely, the Federal Railroad Safety Act (Railroad Safety Act).1 Hence, I would reverse the grant of summary judgment to SEPTA by the Court of Common Pleas of Montgomery County (trial court).

The Majority correctly notes that our Supreme Court has…