Justia Transportation Law Opinion Summaries

Linda Brown sued a common carrier and its driver (SunTran) after sustaining serious injuries from being thrown from her wheelchair when the bus she was riding braked sharply. SunTran requested the judge to instruct the jury that common carriers have a duty to passengers to exercise reasonable care under the circumstances. The judge rejected that instruction and instead instructed that a failure to exercise the highest degree of care under the circumstances was negligence. The jury awarded compensatory damages. The court of appeals affirmed. At issue on appeal was whether a common carrier has a duty to exercise the highest degree of care practicable under the circumstances or only the duty to exercise reasonable care. The Supreme Court vacated the court of appeals, holding that the general negligence standard, reasonable care under all the circumstances, applies. Remanded for a new trial.View "Nunez v. Prof'l Transit Mgmt. of Tuscon, Inc." on Justia Law

A jury awarded more than $20 million for the death of three persons in a 2002 collision between a car and a tractor-trailer. Original defendants included the truck driver, his employer, the owner of the load being carried, the owner of the tractor (Adler), and the owner of the semi-trailer. The driver and his employer obtained a substitution of judge, but a second motion to substitute the judge was denied on the ground that it had been requested by the same entity (employer) operating under a different name. A motion for substitution brought by the Adler was denied on the ground that the determination concerning the employer was a substantial ruling. Section 2-1001(a)(2) of the Code of Civil Procedure gives all defendants the right to one substitution of judge, provided no substantial ruling has yet been made in the case. The appellate court ordered a new trial. The parties agreed to dismiss Adler, releasing it from liability. The Supreme Court vacated the new trial order, but remanded on other issues. Once Adler, whose request to substitute had been denied, was no longer in the case, no other defendant had standing to challenge that denial. View "Powell v. Dean Foods Co." on Justia Law

Krista Rosencrans was severely injured when a train collided with a motor vehicle in which she was a passenger. Rosencrans and her mother (collectively, Appellants) brought a negligence action against Union Pacific and the operator of the motor vehicle. The district court granted summary judgment in favor of Union Pacific, determining, among other things, that the claims that the train crew failed to maintain a proper lookout and failed to slow or stop the train to avoid a specific hazard were excessive speed claims and thus preempted by the Federal Railroad Safety Act (FRSA). The Supreme Court affirmed in part and reversed in part, holding that the district court erred in finding that Appellants' state law negligence claim based on failure to slow the train was preempted where Appellants' claim based on Union Pacific's alleged failure to exercise ordinary care once it appeared that a collision would probably occur was not necessarily speed based and thus preempted. Remanded.View "Dresser v. Union Pacific R.R. Co." on Justia Law