Southern Pacific Transportation Co. v. Yarnell

OPINION

MARTONE, Justice.

We are asked to define the nature, scope and effect of 23 U.S.C. § 409 on the discover-ability and admissibility of evidence in railroad-crossing tort claims.

I. BACKGROUND

This is a wrongful death action brought by Mary Isbell as the surviving spouse of her husband, Richard, who died in 1990, when the milk truck he was driving collided with a train at a crossing in Chandler. Among other things, Mary alleges that the crossing was unreasonably dangerous and that both Southern Pacific Railroad Company and the State of Arizona are responsible for its condition. Seven years…