Partenfelder v. Rohde

The Federal Railroad Safety Act (FRSA) generally preempts state law claims relating to train speed. Federal preemption, however, does not foreclose a lawsuit against a railroad for breaching the duty to slow or stop when confronted with a “specific, individual hazard.” This case arose from a collision between a train and a minivan during a Memorial Day parade in the Village of Elm Grove. The injured parties and their insurance companies (collectively, Plaintiffs) sued the Soo Line Railroad Company, a rail police officer, and unknown insurance companies for negligence, arguing that Soo Line should have issued an order for trains to go more slowly through the Elm Grove crossings because the potential increase in traffic was a “specific, individual hazard.” The defendants asserted that the FRSA preempted Plaintiffs’ claims. The Supreme Court held (1) the Memorial Day parade was not a “specific, individual hazard” because the parade created only a generally dangerous traffic condition; but (2) the vehicle on the tracks in front of the approaching train was a specific, individual hazard, and therefore, the circuit court properly denied the defendants’ summary judgment motion as it related to claims regarding the train’s reaction to the vehicle on the tracks. View "Partenfelder v. Rohde" on Justia Law