Cochran v. Csx Transp., Inc.

• Decision Date: 30 June 2000
• Docket Number: No. 4:98 CV 57 AR.,4:98 CV 57 AR.
• Citation: 112 F.Supp.2d 733
• Parties: Otis COCHRAN, III and Dianne Cochran, as Co-Administrators of the Estate of Stephanie Cochran, Deceased, Plaintiffs v. CSX TRANSPORTATION, INC. and National Railroad Passenger Corporation, a/k/a Amtrak, Defendants
• Court: U.S. District Court — Northern District of Indiana

112 F.Supp.2d 733

Otis COCHRAN, III and Dianne Cochran, as Co-Administrators of the Estate of Stephanie Cochran, Deceased, Plaintiffs v. CSX TRANSPORTATION, INC. and National Railroad Passenger Corporation, a/k/a Amtrak, Defendants

No. 4:98 CV 57 AR.

United States District Court, N.D. Indiana, Hammond Division.

June 30, 2000.

COPYRIGHT MATERIAL OMITTED

Steven J. Sersic, Timothy F. Kelly and Associates, Connie J. Postelli, Rubino and Crosmer, Munster, IN, for plaintiffs.

Harold Abrahamson, Michael C. Adley, Abrahamson Reed and Adley, Hammond, IN, for defendants.

ORDER

RODOVICH, United States Magistrate Judge.

This matter is before the court on the Motion for Summary Judgment filed by the defendants, CSX Transportation, Inc., and National Railroad Passenger Corporation, a/k/a Amtrak, on April 28, 2000. For the reasons set forth below, the motion is GRANTED IN PART and DENIED IN PART.

Background

The present action was brought by the administrators of the estate of Stephanie Cochran, who was killed when her automobile was struck by a train on March 14, 1998, while Cochran attempted to cross a grade crossing on County Road 400 North near Fair Oaks, Indiana. The plaintiffs allege a number of tort theories against the defendants, CSX Transportation, Inc. and National Railroad Passenger Corporation, commonly known as Amtrak.

On the morning of the incident, Cochran was leaving the home of Tara Sutton, where she had spent the night. The crossing where the incident occurred was within sight of the Sutton home. Cochran's departure was witnessed by Teanna Sutton, the younger sister of Tara, who was 14 years old at the time of the incident. Teanna estimated that Cochran was traveling slightly faster than a person would walk as she approached the crossing grade on C.R. 400 N. Before Cochran reached the crossing, Teanna observed Cochran's brake lights go on. However, Teanna did not witness the collision which caused Cochran's death nor did she hear its impact. The conductor of Amtrak's train, Loretta Marowell, estimated that Cochran was traveling at approximately 20 miles per hour when she attempted to cross the railroad tracks. The posted speed limit was 55 miles per hour for the highway.

The plaintiffs brought the present diversity action against CSX and Amtrak alleging a number of tort theories. The plaintiffs first contend that the defendants failed to maintain an unobstructed view for 1,500 feet along the railroad right of way as required by Indiana law. The plaintiffs further contend that the defendants failed to construct and maintain the crossing grade properly and failed to determine that the crossing was extra-hazardous and provide adequate warning devices. Finally, the plaintiffs allege that the defendants failed to maintain a proper lookout, failed to take reasonable steps to avoid a collision, and failed to sound a proper warning whistle as required under Indiana law.

The defendants have moved for summary judgment on two grounds. First, they contend that the plaintiffs' action is preempted by federal law insofar as it alleges that the defendants were negligent in providing proper warning devices at the crossing. Second, the defendants maintain that recovery for the plaintiffs is barred under the Indiana Comparative Fault Act because the facts support a finding that Cochran was more than 50 percent negligent as a matter of law.

Discussion

I. Standard for Summary Judgment

Pursuant to Federal Rule of Civil Procedure 56(c), summary judgment is proper only if it is demonstrated that "there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law." Robin v. Espo Engineering Corporation, 200 F.3d 1081, 1087 (7th Cir.2000); Haefling v. United Parcel Service, Inc., 169 F.3d 494, 497 (7th Cir. 1999); Dempsey v. Atchison, Topeka and Santa Fe Railway Company, 16 F.3d 832, 836 (7th Cir.1994). The burden is upon the moving party to establish that no material facts are in genuine dispute, and any doubt as to the existence of a genuine issue must be resolved against the moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 160, 90 S.Ct. 1598, 1610, 26 L.Ed.2d 142, 155 (1970); Miller v. Borden, Inc., 168 F.3d 308, 312 (7th Cir.1999); Oates v. Discovery Zone, 116 F.3d 1161, 1165 (7th Cir.1997). A fact is material if it is outcome determinative under applicable law. Wollenburg v. Comtech Manufacturing Co., 201 F.3d 973, 975 (7th Cir.2000); Hardin v. S.C. Johnson & Son, Inc., 167 F.3d 340, 344 (7th Cir.1999); Estate of Stevens v. City of Green Bay, 105 F.3d 1169, 1173 (7th Cir.1997). Even if the facts are not in dispute, summary judgment is inappropriate when the information before the court reveals a good faith dispute as to inferences to be drawn from those facts. Thomsen v. Romeis, 198 F.3d 1022, 1026-27 (7th Cir.2000); Plair v. E.J. Brach & Sons, Incorporated, 105 F.3d 343, 346 (7th Cir.1997); Dempsey, 16 F.3d at 836. Finally, summary judgment "will not be defeated simply because motive or intent are involved." Roger v. Yellow Freight Systems, Inc., 21 F.3d 146, 148 (7th Cir.1994). See also Miller, 168 F.3d at 312; Plair, 105 F.3d at 347; United Association of Black Landscapers v. City of Milwaukee, 916 F.2d 1261, 1268 (7th Cir.1990). Cf. Hong v. Children's Memorial Hospital, 993 F.2d 1257, 1261 (7th Cir.1993); Lac du Flambeau Indians v. Stop Treaty Abuse-Wisconsin, Inc., 991 F.2d 1249, 1258 (7th Cir.1993).

In deciding a motion for summary judgment, the trial court must determine whether the evidence presented by the party opposed to the summary judgment is such that a reasonable jury might find in favor of that party after a trial.

The inquiry performed is the threshold inquiry of determining whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.

[T]his standard mirrors the standard for a directed verdict under Federal Rule of Civil Procedure 50(a), which is that the trial judge must direct a verdict if, under the governing law, there can be but one reasonable conclusion as to the verdict.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202, 212 (1986)

See also: Reeves v. Sanderson Plumbing Products, Inc., ___ U.S. ___, 120 S.Ct. 2097, 2109, 147 L.Ed.2d 105 (2000); Celotex Corporation v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265, 273 (1986); Bellaver, 200 F.3d at 492; Haefling, 169 F.3d at 497-98.

II. Preemption of the Plaintiffs' Claim that the Defendants Provided Inadequate Warning Devices

Turning first to the question of federal preemption, the defendants contend that Indiana tort law with respect to the adequacy of the warning devices at C.R. 400 N is preempted by the Federal Highway Safety Act of 1973, 23 U.S.C. § 130 et. seq., and regulations promulgated thereunder. Among the provisions of the FHSA, Congress has established the Federal Railway-Highway Crossings Program in an effort to provide federal funds to participating states for the "cost of construction of projects for the elimination of hazards of railway-highway crossings." Norfolk Southern Railway Company v. Shanklin, ___ U.S. ___, 120 S.Ct. 1467, 1471, 146 L.Ed.2d 374 (2000) (quoting 23 U.S.C. § 130(a)). Participation in the Crossings Program requires that the participating state must "conduct and systematically maintain a survey of all highways to identify those railroad crossing which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose." 23 U.S.C. § 130(d). Under the statute, this schedule at least must provide signs for all railway-highway crossings. Shanklin, ___ U.S. at ___, 120 S.Ct. at 1471.

In administering the Crossings Program, a number of regulations have been implemented addressing the design of grade crossings. Shanklin, ___ U.S. at ___, 120 S.Ct. at 1471. See, e.g., 23 C.F.R. § 646.214(b). Under 23 C.F.R. §§ 646.214(b)(3) and 646.214(b)(4), the Federal Highway Administration has set requirements for warning devices at railway grade crossings. Shanklin, ___ U.S. at ___, 120 S.Ct. at 1472. These regulations establish what constitutes an adequate warning device for projects installed with federal funds. Automatic gates and warning lights are required as adequate warning devices for crossings which involve the following conditions: multiple main line railroad tracks, multiple tracks in the vicinity where one train might obscure the movement of another train, high speed trains combined with limited sight distances, a combination of high speeds and moderately high volumes of highway and railroad traffic, the use of the crossing by substantial numbers of school buses or trucks carrying hazardous materials, or where they are recommended by a diagnostics team. 23 C.F.R. § 646.214(b)(3); Shanklin, ___ U.S. at ___, 120 S.Ct. at 1472. For railway crossings not meeting any of these conditions, "the type of warning device to be installed, whether the determination is made by a state regulatory agency, and/or the railroad, is subject to the approval of FHWA." 23 C.F.R. § 646.214(b)(4).

The Supreme Court previously has ruled that these regulations preempt state tort law on matters covering the same topic where warning devices actually have been installed using federal funds. CSX Transportation, Inc. v. Easterwood, 507 U.S. 658, 670, 113 S.Ct. 1732, 1741, 123 L.Ed.2d 387 (1993). This preemption includes any claims under state tort law that a grade crossing is extra-hazardous and that the warning devices provided at the crossing are inadequate. Shanklin, ___ U.S. at ___, 120 S.Ct. at 1477. In Shanklin, the plaintiff's decedent was fatally injured when he attempted to cross a grade crossing and his car was struck by an oncoming train. The crossing did not provide automatic gates or...