Wermerskirchen v. Canadian National Railroad
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The Supreme Court affirmed the judgment of the district court in favor of Defendants in this personal injury case, holding that the Federal Railroad Safety Act preempted Plaintiff's excessive speed claims and that summary judgment was properly granted on his lookout and braking claims.
The driver of a road grader was seriously injured when a train struck the grader while it crossed the railroad tracks. The driver sued the railroad and the train crew alleging failure to break, excessive speed, failure to keep a proper lookout, and failure to properly sound the horn. The district court granted summary judgment to Defendants on all but the horn claims. After a trial, a jury returned verdicts for Defendants on the horn claims. The Supreme Court affirmed, holding (1) the driver's excessive speed claims were preempted by federal law; and (2) summary judgment was properly granted on the lookout and braking claims based on lack of causation.
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