Boomsma v. Dakota, Minnesota & Eastern RR

• Decision Date: 21 August 2002
• Docket Number: No. 21901.,21901.
• Parties: Julie BOOMSMA, Steve Boomsma and Erica Boomsma, Plaintiffs and Appellees, v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Defendant and Appellant.
• Court: South Dakota Supreme Court

651 N.W.2d 238

2002 SD 106

Julie BOOMSMA, Steve Boomsma and Erica Boomsma, Plaintiffs and Appellees, v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Defendant and Appellant.

No. 21901.

Supreme Court of South Dakota.

Argued March 5, 2002.

Decided August 21, 2002.

Rehearing Denied October 3, 2002.

Steven Johnson and Matthew T. Tobin of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Brian J. Donahoe and Michael D. Bornitz of Cutler and Donahoe, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

WILBUR, Circuit Judge.

[¶ 1.] Julie and Erica Boomsma sustained injuries while driving through the town of Wolsey, South Dakota. Their car struck a flatbed railway car owned and operated by Dakota, Minnesota and Eastern Railroad Corporation. A jury awarded $1,081,655.28 for total damages resulting from this accident.¹ Dakota, Minnesota and Eastern Railroad appeals. We affirm.

FACTS

[¶ 2.] Dakota, Minnesota and Eastern Railroad Corporation (DM & E) owns railroad tracks that cross Highway 281/14 through the northern edge of Wolsey, South Dakota. At the intersection, the tracks run east and west and the highway runs north and south.

[¶ 3.] The DM & E railway crossing in question consists of three tracks: a main line, a passing or switching line and, 50 feet to the north, an elevator service line. For northbound vehicular traffic on Highway 281/14, the crossing is marked by a traffic sign located 110 ten feet before the tracks indicating that a railroad crossing is ahead. Immediately south of the main line, a crossbuck sign indicating "2 Tracks" is attached to a light pole which supports overhead warning lights. The switching line is located immediately north of the main line. Finally, approximately fifty feet north of the switching line is the track which services the grain elevator (the service line).

[¶ 4.] Conversely, approaching the train crossing from the north heading south, one first sees a crossbuck sign which states "3 Tracks." This crossbuck sign is located immediately north of the service line. After crossing the service line, a southbound traveler sees an overhead flashing light device along with another crossbuck attached to that light pole stating "2 Tracks." This crossbuck is located directly north of the switching line.

[¶ 5.] As established by the above facts, a car traveling north is warned that it is approaching only two tracks when there are actually three tracks. Northbound vehicles receive no indication that a third track exists. Vehicles traveling south are warned of all three tracks.

[¶ 6.] The overhead flashing lights and the crossbuck sign attached to the light poles were installed around 1980 pursuant to federal funding issued on June 27, 1978.

[¶ 7.] On January 26, 1998, at approximately 6:20 p.m., Julie and Erica Boomsma were traveling north on Highway 281/14 through Wolsey. As they approached the railroad crossing, Boomsmas saw no flashing lights to indicate the presence of a train and they saw no one waving a lantern signaling that a train was on the tracks. Because it was dark, they saw no train on the tracks. In fact, they were able to see lights and business signs on the other side of the tracks. Boomsmas crashed into the side of a flatbed railcar that was stopped on the service line at the railroad crossing. Their car came to rest almost completely underneath the railcar.

[¶ 8.] Prior to the accident, a DM & E train had approached the Wolsey railroad crossing from the west. The train continued east past the Wolsey railroad crossing to where the main line and service line intersected. Then the train, consisting of two cars, backed onto the service line to hook-up five additional cars. Two of these five cars were flatbed cars. The train then continued in reverse until one of the flatbed cars came to rest on the service line at the railroad crossing in question. Forsstrom, one of the train's conductors, was riding the flatbed through the intersection. He was aware the flashing overhead warning lights were not working. There is a dispute about whether or not Forsstrom got off the train and flagged the intersection. The conductor did not sound the whistle or use flares to mark the train in the crossing.

[¶ 9.] Julie Boomsma, who was employed full time in a Huron bank and was active on the family farm prior to the accident, broke her neck, her right leg and her right ankle. As a result of the accident, Julie required multiple surgeries and was left disabled, unable to participate in many of the activities she once could.

[¶ 10.] Erica, a freshman at Huron University, suffered injuries including a cracked sinus, a concussion and a large contusion on her right side. Erica has since recovered from these injuries.

ISSUES

[¶ 11.] DM & E appeals the following issues:

Whether state law claims are preempted by federal law in this case.

Whether the trial court erred in instructing the jury.

Whether the trial court properly admitted expert witness testimony.

Whether the trial court erred in denying defendant's request for a mistrial based on SDCL 19-12-10 regarding settlement negotiations.

Whether the trial court erred in allowing evidence of post-accident remedial measures.

Whether the trial court erred in not granting DM & E's motion for a new trial based on cumulative error.

Whether the evidence is sufficient to support the jury's verdict.

ANALYSIS

ISSUE ONE

[¶ 12.] Whether Boomsma's state law claims are preempted by federal law in this case.

[¶ 13.] The issue of federal preemption is one of law for the court to decide. Stanton v. State Farm Fire & Cas. Co., 78 F.Supp.2d 1029, 1031 (D.S.D. 1999). DM & E asserts that the trial court erred by failing to correctly state DM & E's duty in this negligence case. DM & E claims that the trial court erred in determining that the service line is a separate grade crossing and that DM & E failed to meet certain obligations regarding that separate crossing.

[¶ 14.] Federal statutes and regulations preempt state law under the Supremacy Clause of the United States Constitution. U.S. Const. art. VI, cl. 2. Preemption occurs: (1) when Congress expresses a clear intent to preempt state law; (2) when federal and state or local law conflict; (3) when compliance with both federal and state law is impossible; (4) where federal law contains an implicit barrier to state or local law; (5) when Congress has enacted comprehensive national legislation occupying an entire field; or (6) when state and local laws create an obstacle to the accomplishment of Congressional objectives. Louisiana Pub. Service Com'n v. F.C.C., 476 U.S. 355, 368-369, 106 S.Ct. 1890, 90 L.Ed.2d 369 (1986).

[¶ 15.] The ultimate touchstone of statutory preemption is Congressional intent. Medtronic, Inc. v. Lohr, 518 U.S. 470, 485, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996). "In the interest of avoiding unintended encroachment on the authority of the States, however, a court interpreting a federal statute pertaining to a subject traditionally governed by state law will be reluctant to find pre-emption." CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 663-664, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993). In this case, the issue is whether express preemption exists barring Boomsma's negligence claim against DM & E through Congressional enactments such as the Federal Railroad Safety Act (FRSA) and the Highway Safety Act of 1973 (FHSA).

[¶ 16.] Congress enacted the FRSA "to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents." 49 U.S.C. § 20101 (1994). The express preemption provision states:

Laws regulations, and orders related to railroad safety shall be nationally uniform to the extent practicable. A State may adopt or continue in force a law, regulation, or order related to railroad safety until the Secretary of Transportation prescribes a regulation or issues an order covering the subject matter of the State requirement.

49 U.S.C. § 20106 (1994). After enacting the FRSA, Congress passed the Highway Safety Act of 1973 which created the Federal Railway Highway Crossings Program (Crossings Program). See generally 23 U.S.C. § 130 (2000). The Crossings Program made funds readily available for construction projects relating to railroad crossings. Id.

[¶ 17.] Further, the Secretary of the Federal Highway Administration (FHWA) set forth regulations to implement the Crossings Program. See generally 23 C.F.R. § 646.214 (2002). These regulations address the design and adequacy of railroad crossing warnings. See generally 23 C.F.R. § 646.214(b) (2002).

[¶ 18.] Case law sets forth factors for deciding whether federal preemption exists. In Easterwood, a man was killed at a grade crossing and his widow brought a negligence action claiming the railroad failed to maintain adequate warning signs at the crossing. The crossings were improved with federal funds. Easterwood, 507 U.S. at 661, 113 S.Ct. 1732. There were five crossings. Id. at 672, 113 S.Ct. 1732. Four of the crossings were equipped with warning devices, however, the crossing in question had no warning devices installed. This was because the city declined to approve construction of a traffic island necessary for installation of the warning devices; therefore, only motion detection circuitry was in place at that crossing. Id. The Court ultimately held that the plaintiff's claim as to adequate warning devices was not preempted because the crossing where the accident occurred was a separate crossing from the other four crossings and federal funds were not used in the installation of warning devices at that crossing. Id. at 673, 113 S.Ct. 1732.

[¶ 19.] Moreover, the Eighth Circuit Court of Appeals held that, even if federal funds were used in the installation of warning devices, the devices have to be installed and fully operational for preemption to exist. St. Louis Southwestern Railway Co. v. Malone Freight...