Smith v. Burlington Northern & Santa Fe Railway Co.

Summary

The Montana Supreme Court reviewed a district court’s grant of partial summary judgment to Burlington Northern and Santa Fe Railway Company in a wrongful-death action arising from a railroad-crossing collision. The court held that Section 1528 of the Implementing Recommendations of the 9/11 Commission Act did not overrule the federal railroad-safety preemption analysis in Norfolk Southern Ry. Co. v. Shanklin. However, the court concluded that factual and evidentiary issues existed regarding whether federal funds were used to install warning devices at the crossing, reversed the summary judgment, and remanded for further proceedings.

Holdings

1. Section 1528 did not overrule the Federal Railroad Safety Act preemption analysis announced in Norfolk Southern Railway Co. v. Shanklin.
2. A moving party's affidavits must comply with Montana Rule of Civil Procedure 56(e); affidavits based on documents must be supported by personal knowledge and a proper foundation establishing the documents' genuineness, relevance, and contents or satisfying a hearsay exception.
3. The District Court erred in granting BNSF partial summary judgment because BNSF failed to establish through admissible, properly authenticated evidence that federal funds were used to install the relevant warning devices at the Hesper crossing.

Questions Presented

1. Whether Section 1528 of the Implementing Recommendations of the 9/11 Commission Act of 2007 overruled the Federal Railroad Safety Act preemption analysis adopted in Norfolk Southern Railway Co. v. Shanklin.
2. Whether the District Court erred in granting BNSF partial summary judgment when the affidavits and documentary evidence offered to establish the use of federal funds at the Hesper crossing did not satisfy Montana Rule of Civil Procedure 56(e)'s personal-knowledge and authentication requirements.

Disposition

reversed_and_remanded