Smith v. CSX Transportation, Inc.

OPINION AND ORDER

SARA L. ELLIS, United States District Judge

Plaintiffs Josephine Wade Smith and Rupert Smith filed suit against Defendant CSX Transportation, Inc. (“CSX”), alleging that they suffered property damage and personal injury resulting from both CSX’s idling of locomotives on railroad tracks adjacent to their property and a September 2012 train derailment adjacent to their property. The Court denied CSX’s motion to dismiss, finding it could not conclude at that stage that CSX’s affirmative defense that the Interstate Commerce Commission Termination Act of 1995 (the “ICCTA”), 49…