BNSF Railway Company v. Juanita Nye, as Personal Representative of the Estate of Jeffrey Nye
Arbitration JusticiabilityDoctri
When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices at grade crossings and that the project included the crossing at issue, is the state tort claim for inadequate signalization preempted as a matter of law?
QUESTION PRESENTED In Norfolk Southern Railway Company v. Shanklin, 529 U.S. 344, 359 (2000), this Court held that the Federal Rail Safety Act preempts a negligence claim against a railroad for inadequate warning signs at a rail—highway crossing when federal funds participate in the installation of warning devices at the crossing. The question presented is: When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices at grade crossings and that the project included the crossing at issue, is the state tort claim for inadequate signalization preempted as a matter of law?