Alvin Coney, Saundra Coney v. Union Pacific Railroad, Association of American Railroads, Amicus on Behalf Of

BRIGHT, Circuit Judge.

On November 15,1994, Alvin Coney’s vehicle collided with a Union Pacific Railroad (“Union Pacific”) freight train. Coney brought this diversity action against Union Pacific, alleging that Union Pacific failed to provide adequate and active warning devices, maintain a proper lookout, sound the train’s whistle, and operate its train at an appropriate speed. The district court granted partial summary judgment to Union Pacific on the claims of excessive speed and inadequate and inactive warning devices, reasoning that federal law preempted those claims. After a trial on the…