Tardy v. Norfolk Southern Corp.

This is an appeal from a Pike County Common Pleas Court summary judgment in a negligence action brought by Diane Tardy, administrator of the estate of James C. Tardy, deceased, against Norfolk & Western Railway Company (“N & W”), defendant below and appellee herein. Appellant’s husband, James C. Tardy, died when a train collided with his car at a grade crossing on Seif Road in Pike County.

Appellant assigns the following errors:

First Assignment of Error:

“The court below erred in holding that state and federal law pre-empts any duty defendant may have to install active warning devices.”

Second…