Missouri Pacific Railroad v. Limmer

in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

In this wrongful death action arising out of a truck-train collision, the plaintiffs

claim that crossbucks — the familiar black- and-white, X-shaped signs that read “RAILROAD CROSSING” 1 — provided inadequate warning for the railroad crossing and that the railroad was negligent in failing to remove a gravel pile and vegetation that restricted drivers’ view of approaching trains. The railroad contends that federal law preempts these claims. When railroad crossing…