JOANNE JONES, QUINCY DWAYNE JONES, CHRIS JONES, and ANTHONY JONES v. UNION PACIFIC RAILROAD COMPANY

REVERSED AND REMANDED

DANIEL E. SCOTT, J.

Arnold Jones died in 2010 when a train hit his pickup at a rural crossing in Butler County. Appellants (“Plaintiffs”) sued Respondent (“Railroad”) for wrongful death, alleging that the crossing was ultrahazar-dous and the crossing warnings were inadequate. Railroad raised the affirmative defense of federal preemption, which inquired proof that the crossing had been improved with federal funds, and later obtained summary judgment on that basis.

On appeal, Plaintiffs concede that federal funding equals preemption, but urge that the summary judgment record…