Legal Opinion

Myers v. Missouri Pacific Railroad

Supreme Court of Oklahoma

Decided July 2, 2002No. 93,313PublishedCited by 95 opinions

1Opinion of the CourtOpala, J.

' 1 The dispositive issues tendered on cer-tiorari are (1) does federal law preempt plaintiffs' state-tort-law theory that the railroad provided inadequate warning devices at the grade crossing in question? and (2) does federal law preempt plaintiffs' state-tort-law theory that the train was traveling at an excessive speed at the time of the collision? We answer both of these questions in the affirmative and then consider other questions that, though raised by plaintiffs' appeal, were left undecided by the intermediate appellate court's opinion.

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2Cases cited73 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  3. Kluver v. Weatherford Hospital AuthoritySupreme Court of Oklahoma · 1993
  4. Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
  5. Lama Romero v. AsociacionCourt of Appeals for the First Circuit · 1994

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3Cited by95 opinions

  1. Christian v. GraySupreme Court of Oklahoma · 2003
  2. Badillo v. Mid Century Insurance Co.Supreme Court of Oklahoma · 2005
  3. Krentz v. Consolidated Rail Corp.Supreme Court of Pennsylvania · 2006
  4. Gilbert v. Security Finance Corp. of OklahomaSupreme Court of Oklahoma · 2006
  5. Cox Oklahoma Telecom, LLC v. State Ex Rel. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 2007

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