Skrovig v. BNSF Railway Co.

ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW OR NEW TRIAL

JEFFREY L. VIKEN, Chief Judge.

INTRODUCTION

Plaintiff Tami Skrovig (“plaintiff’ or “Mrs. Skrovig”) filed an amended complaint. asserting various claims of negligence against defendant BNSF Railway Company (“BNSF”) arising from a pickup and railroad maintenance machine collision in which her husband, Thomas Skrovig (“Mr. Skrovig”), died. (Docket 37). Defendant’s answer denies plaintiff is entitled to recovery, asserting BNSF was not negligent; some, if not all, of plaintiffs negligence claims are preempted by federal…