Justia Transportation Law Opinion Summaries

Plaintiff filed suit against Westrock in state court after a stack of cardboard boxes fell out of a truck and caused him to fall to the ground, injuring his shoulder. After removal to federal court, plaintiff brought a negligence claim against defendants for damages related to his bodily injury. Magnum moved for summary judgment, alleging that the Carmack Amendment preempted plaintiff's state law claim.The Eighth Circuit held that the Carmack Amendment, which requires a carrier under the jurisdiction of the Transportation Act to issue a bill of lading for property it receives for transport and makes the carrier liable for damages resulting from its transportation or service, did not preempt plaintiff's state law claim for personal injury, because he was not a party to the bill of lading between his employer and the common carrier. Accordingly, the court reversed the district court's holding to the contrary. View "Fergin v. Magnum LTL, Inc." on Justia Law

Robert Rabe worked as a pipefitter in an Atchison Topeka & Sante Fe Railroad (“ATSF”) repair shop. In that capacity, he replaced pipe insulation on passenger cars manufactured by The Budd Company (“Budd”). Rabe died from malignant mesothelioma. Nancy Little, individually and as personal representative of Rabe’s estate, brought state common-law tort claims against Budd, claiming Rabe died from exposure to asbestos-containing insulation surrounding the pipes on Budd-manufactured railcars. A jury ruled in Little’s favor. On appeal, Budd contended Little’s state tort claims were preempted by the Locomotive Inspection Act (“LIA”), under a theory that all passenger railcars were “appurtenances” to a complete locomotive. The Tenth Circuit determined that because Budd did not raise this issue before the district court, and because Budd did not seek plain-error review, this particular assertion of error was waived. Alternatively, Budd contended Little’s tort claims were preempted by the Safety Appliance Act (“SAA”. The Tenth Circuit determined that assertion was foreclosed by the Supreme Court’s decision in Atlantic Coast Line Railroad Co. v. Georgia, 234 U.S. 280 (1914). Therefore, finding no reversible error, the Tenth Circuit affirmed the district court's judgment. View "Little v. Budd Company" on Justia Law

Irma Yolanda Munoz Soto sued Union Pacific Railroad Company and two of its employees, Scott King and Robert Finch (collectively, Union Pacific), for wrongful death (premises liability and general negligence) after Soto’s 16-year-old daughter was struck and killed by a freight train on an at-grade railroad crossing in Santa Clarita. The court granted Union Pacific’s motion for summary judgment, concluding as to Soto’s premises liability claim Union Pacific had no duty to remedy a dangerous condition because it did not own or control the railroad crossing. As to Soto’s negligence claim, the court ruled Soto could not establish that Union Pacific employees had negligently operated the train. On appeal, Soto argued she raised triable issues of material fact sufficient to defeat summary judgment. After review, of the evidence and governing law applicable to Soto’s claim, the Court of Appeal concurred there were no triable issues of fact, and summary judgment was appropriate. View "Soto v. Union Pacific Railroad Co." on Justia Law

Petitioner George Ezell was a conductor for BNSF Railway Company. In 2014, the trainmaster directed Ezell to detach twenty ballast-loaded railcars from a train about to enter the Enid, Oklahoma train yard. To detach, Ezell had to climb railcar ladders to see which cars were more than half full of ballast. Ezell safely performed this method for five or six railcars, but while inspecting the next railcar, his left hand slipped from the flange after he had let go of the ladder rung with his right hand. He was unable to resecure a grip with either hand and fell several feet to the ground, fracturing his right leg, right ankle, and left foot. He sued BNSF under the Federal Employers Liability Act (FELA) for failing to provide him with a reasonably safe place to work. BNSF moved for summary judgment, arguing that its railcar complied with the governing safety regulations and that Ezell had offered no evidence of BNSF’s negligence. “Ezell’s proffering what he believes are safer alternatives does not show negligence.” The Tenth Circuit Court of Appeals determined the evidence established that to do their jobs railroad conductors need to climb the ladders, and that this was a reasonably safe activity. For that reason, the Court agreed with the district court’s dismissal of this case. View "Ezell v. BNSF Railway Company" on Justia Law

On June 16, 2010, crossing gates were down at a public railway-roadway crossing -- a position that normally indicated: (1) a train was approaching the crossing; (2) a railway was performing maintenance; or (3) they were malfunctioning. As Marvin Johnson, Jr. approached the railroad crossing driving his 28-foot-long truck with attached dumpster, he saw that the gates were down but cars were driving around the gates and over the crossing. Johnson followed suit, driving around the crossing gates into the path of an oncoming train on which Winford Hartry was serving as engineer. Hartry was injured as a result of the collision. The Georgia Supreme Court granted certiorari in this case to consider whether Winford Hartry’s claim under the Federal Employers’ Liability Act (“FELA”) was precluded by regulations issued pursuant to the Federal Railroad Safety Act (“FRSA”). Because the Supreme Court concluded that FRSA and its regulations did not preclude Hartry’s FELA claim, it affirmed the decision of the Court of Appeals. View "Norfolk Southern Railway Company v. Hartry et al." on Justia Law

The Fifth Circuit affirmed the district court's grant of summary judgment in favor of Union Pacific in an action alleging that the company negligently contributed to a fatal railroad collision. In this case, the trucks in front of a caravan had left insufficient room for the last truck to clear the Oil & Gas Crossing. The last truck stopped on the tracks where, seconds later, a Union Pacific train collided with it, killing all three individuals inside.The court found plaintiffs' claim that Union Pacific breached a duty to provide adequate visual warning devices at the Oil & Gas Crossing unpersuasive; the Crossing was not a "dangerous trap;" and, although a jury could reasonably conclude that Union Pacific had a duty to plaintiffs to protect against the unique hazard presented by the Crossing, plaintiffs have failed to show why the signs Union Pacific installed were insufficient to fulfill this duty. The court also held that plaintiffs' claims that Union Pacific was negligent in operating the locomotive horn was either preempted by federal law or otherwise unsupported by sufficient evidence to survive summary judgment. View "Ryder v. Union Pacific Railroad Co." on Justia Law

Road Gear Truck Equipment, LLC ("Road Gear"), a corporation based in Franklin County, petitions this Court for a writ of mandamus directing the Marshall Circuit Court to vacate its order denying Road Gear's motion to transfer the underlying action to the Franklin Circuit Court and to enter an order transferring the action. Road Gear manufactures trucking equipment, including "cab guards" designed to prevent passengers in tractor-trailer trucks from being injured by shifting loads. Vernon Dement was operating a tractor trailer pulling a load of logs in Madison County, Alabama. While traveling, Dement's truck over turned on a curve in the road. The cargo crashed into the passenger compartment, crushing Dement to death inside the vehicle, and injuring his wife Deborah Dement, who was a passenger in the truck. Deborah filed suit in Marshall County on behalf of herself and in her capacity as the personal representative and administrator of the estate of her husband against Road Gear and fictitiously named defendants. Dement alleged that her injuries and the death of her husband were caused by Road Gear's negligence and wantonness and that Road Gear was liable under the Alabama Extended Manufacturer's Liability Doctrine ("the AEMLD"). Dement alleged in her complaint that venue was proper in Marshall County because she resided in Marshall County and Road Gear "does business in Marshall County." The Alabama Supreme Court determined FleetPride was Road Gear's "agent" in Marshall County for purposes of determining venue, and that Road Gear failed to show that it did not regularly do business in Marshall County at the time the suit was filed. Therefore, the trial court did not err in denying Road Gear's motion to transfer the action to Franklin County. View "Ex parte Road Gear Truck Equipment, LLC." on Justia Law

The Railroad sent Abernathy and Probus to repair a railroad crossing, which required them to transport ties several miles. The Railroad had a “tie crane,” which runs on the railroad tracks but it had been inoperable for years. The employees had two options: a backhoe or a pickup truck, traveling on public roads. Abernathy drove the backhoe. Probus drove the pickup, with the tools. Two ties fell out of the backhoe’s bucket. Abernathy stopped to lift the ties back into the bucket, injuring his back and smashing a finger. Despite the accident, the men finished the job. The following morning, Abernathy reported the injury. Abernathy worked through the pain on lighter duty for a year but was unable to return to his regular work. The Railroad terminated his employment. He had physical therapy, epidural injections, and surgery but continued to experience pain. At the time of trial, his surgeon had not cleared him for any type of work. Abernathy sued under the Federal Employers’ Liability Act, 45 U.S.C 51. A jury found that Abernathy was 30 percent at fault and awarded a net amount, $525,000. The court awarded Abernathy prevailing party costs but declined to award witness fees above the statutory amount. The Seventh Circuit affirmed. The jury could reasonably find that the Railroad did not provide Abernathy with appropriate equipment and that his working environment was not reasonably safe; a reasonable person in the Railroad’s position could have foreseen that transporting ties in a backhoe or pickup could lead to injury. There was sufficient evidence that the Railroad’s negligence played a part in causing Abernathy’s injury. View "Abernathy v. Eastern Illinois Railroad Co." on Justia Law

After a confrontational screening at Philadelphia International Airport in 2006, during which police were called, Pellegrino asserted intentional tort claims against TSA screeners. Under the Federal Tort Claims Act, the government generally enjoys sovereign immunity for intentional torts committed by federal employees, subject to the “law enforcement proviso” exception, which waives immunity for a subset of intentional torts committed by employees who qualify as “investigative or law enforcement officers,” 28 U.S.C. 2680(h). The Third Circuit first affirmed the dismissal of Pellegrino’s suit, holding that TSA screeners are not “investigative or law enforcement officers.” On rehearing, en banc, the court reinstated the suit. The words of the proviso dictate the result: TSOs are “officer[s] of the United States” empowered to “execute searches” for “violations of Federal law.” View "Pellegrino v. Transportation Safety Administration" on Justia Law

Churchman alleged she bought a train ticket at a station operated by the Bay Area Rapid Transit District, passed through turnstiles, and went to the boarding platform. She claims she was confused by the “opening and closing of doors on opposite side [sic] of the cars,” partially inaudible and confusing instructions broadcast over the public address system, and “abrupt turns and moves” by other passengers. Churchman lost her balance and fall. Churchman sued the District for violating its duty of care as a common carrier (Civ. Code, 2100). The District successfully argued it has no common law negligence liability and its liability as a common carrier applies only to passengers in transit, i.e., aboard the BART train. The court of appeal affirmed the dismissal. Civil Code section 2100, which imposes on common carriers a duty to “use the utmost care and diligence for [passengers’] safe carriage,” does not apply to minor, commonplace hazards in a train station. Because the District is a public agency, it is not liable for personal injuries in the absence of a statute providing for liability (Gov. Code, 815), so there is no statutory basis for liability. View "Churchman v. Bay Area Rapid Transit District" on Justia Law