Gregory Lawson v. The Kansas City Southern Railway Company

Summary

The United States District Court for the Eastern District of Missouri granted the defendant’s partial motion to dismiss negligence claims arising from a train-vehicle collision to the extent those claims were preempted by the Federal Railroad Safety Act and the Locomotive Inspection Act. After dismissing the federal-question claims, the court granted the plaintiff’s motion to remand the remaining state-law claims to state court.

Holdings

1. The claim that Defendant failed to sound the train whistle was preempted by the Federal Railroad Safety Act and its implementing regulations governing locomotive horn use at public highway-rail crossings.
2. The claim that Defendant failed to keep a constant and vigilant lookout and properly inspect the track was preempted by FRSA regulations governing the frequency and manner of track inspections.
3. The claim concerning vegetation and obstructions immediately on or adjacent to the railroad track was preempted by 49 C.F.R. § 213.37.
4. The claim that Defendant failed to inspect and maintain its train engines was preempted by the Locomotive Inspection Act.
5. After dismissal of the claims giving rise to federal-question jurisdiction, the court remanded the remaining state-law claims.

Questions Presented

1. Whether portions of Plaintiff's negligence claims concerning locomotive horn use, track inspection and lookout, vegetation and obstructions, and locomotive inspection and maintenance were preempted by the Federal Railroad Safety Act or the Locomotive Inspection Act.
2. Whether Plaintiff's claims under 625 ILCS 5/18c-7401 should be dismissed because the statute does not confer a private right of action or was inadequately pleaded.
3. Whether removal was proper under federal-question jurisdiction based on the federally preempted claims.
4. Whether the remaining state-law claims should be remanded after dismissal of all claims supporting federal-question jurisdiction.

Disposition

other