Diana Broussard, Individually and as Administratrix of the Estate of Roy A. Broussard, Deceased v. Southern Pacific Transportation Company

SAM D. JOHNSON, Circuit Judge:

In this Texas diversity suit, plaintiff Broussard seeks recovery of actual and punitive damages against defendant Southern Pacific Transportation Company (Southern Pacific) for the death of her husband, which occurred when a boxcar on a train operated by Southern Pacific derailed and tumbled from an overpass onto decedent’s automobile. Following extensive discovery, the district court granted a partial summary judgment in favor of Southern Pacific on Broussard’s allegation of gross negligence. This Court granted leave for Broussard to take an interlocutory appeal…