In re Derailment Cases
| Decision Date | 02 September 2005 |
| Docket Number | No. 04-2053.,04-2053. |
| Citation | 416 F.3d 787 |
| Parties | In re: DERAILMENT CASES. Larry Hill; Ruth Heil; Ernest Heil; Charlotte Zephier, Individually and as natural guardian and next friend of Freeman Zephier; Freeman Zephier, By and through his natural guardian and best friend; Connie Colton-Graves, Individually and as natural guardian and next friend of Kyle Graves; Kyle Graves, By and through his natural guardian and next friend Connie Colton-Graves; Theresa Wallace, Individually and as natural guardian and next friend of Derek Wallace, Kyle Wallace and Brady Wallace; Derek Wallace, By and through his natural guardian and next friend; Kyle Wallace, By and through his natural guardian and next friend; Brady Wallace, By and through his natural guardian and next friend; Laurinda Stauffer, Individually and as natural guardian and next friend; Frank Gonzales, Individually and as next friend; Brandon Gonzales, By and through his next friend; Andrew Stauffer-Gonzales, By and through his natural guardian and next friend; Janet Craven, Individually and as natural guardian and next friend; Adrianna Packard, by and through her natural guardian and next friend; Serena Packard; Joni Olsen, Individually and as natural guardian and next friend; Kristen Olsen, By and through her natural guardian and next friend; Amy Olsen; Rebecca Olsen, By and through her natural guardian and next friend; Yolanda Garcia; Doris Young; Lawrence Kessler, Individually and as natural guardian and next friend of Chelsea Kessler and Logan Kessler; Marian Kessler, Individually and as natural guardian and next friend of Chelsea Kessler and Logan Kessler; Chelsea Kessler, By and through her natural guardians Lawrence Kessler and Marian Kessler; Logan Kessler, By and through his natural guardians Lawrence Kessler and Marian Kessler; Jami Olsen, Individually and as natural guardian and next friend of Aubbrianna Olsen; Aubbrianna Olsen, By and through her natural guardian and best friend; Judy Schnell, Individually and as natural guardian and next friend of Thorne Schnell and Alyssa Schnell Voorhees; Warren Voorhees, Individually; Thorn Schnell, By and through his natural guardian, Judy Schnell; Alyssa Schnell-Voorhees, By and through her natural guardian, Judy Schnell; Mary St. Onge; Jeff Wallace, Individually; Cleta Gable-Nuss, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., A Montana Corporation, Defendants/Appellees. Anna Stachon; Roger McCarville; McCarville-Stachon, Inc., also known as Capri Motel, Plaintiffs, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., Defendants. Larry Hill, Plaintiff/Appellant, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. Ruth Heil; Ernest Heil, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company; Montana Rail Link, Inc., Defendants/Appellees. Charlotte Zephier, Individually and as natural guardian and next friend of Freeman Zephier; Freeman Zephier, By and through his natural guardian and best friend, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, A Delaware Corporation; Montana Rail Link, A Montana Corporation, Defendants/Appellees. Connie Colton-Graves Individually and as Natural Guardian and Next Friend of Kyle Graves; Kyle Graves, By and Through His Natural Guardian and Next Friend Connie Colton-Graves, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, A Delaware Corporation; Montana Rail Link, A Montana Corporation, Defendants/Appellees. Theresa Wallace, Individually and as natural guardian and next friend of Derek Wallace, Kyle Wallace and Brady Wallace; Derek Wallace, by and through his natural guardian and next friend; Kyle Wallace, by and through his natural guardian and next friend; Brady Wallace by and through his natural guardian and next friend, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, A Delaware Corporation; Montana Rail Link, A Montana Corporation, Defendants/Appellees. Laurinda Stauffer, Individually, and as Natural Guardian and Next Friend; Frank Gonzales, Individually and as Next Friend; Brandon Gonzales, by and through his Next Friend; Andrew Stauffer-Gonzales, by and through his Natural Guardian and Next Friend, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. Janet Craven, Individually and as Natural Guardian and Next Friend; Adrianna Packard, by and through her Natural Guardian and Next Friend; Serena Packard, by and through her Natural Guardian and Next Friend, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., a Montana Corporation, Defendants /Appellees. Joni Olsen, Individually and as Natural Guardian and Next Friend; Kristen Olsen, by and through her Natural Guardian and Next Friend; Amy Olsen, by and through her Natural Guardian and Next Friend; Rebecca Olsen, by and through her Natural Guardian and Next Friend, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. Yolanda Garcia, Plaintiff/Appellant, Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. Doris Young, Plaintiff/Appellant, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. Lawrence Kessler, Individually, and as natural guardian and next of friend of Chelsea Kessler and Logan Kessler; Marian Kessler, Individually and as natural guardian and next of friend of Chelsea Kessler and Logan Kessler; Chelsea Kessler, by and through her natural guardians Lawrence Kessler and Marian Kessler; Logan Kessler, by and through his natural guardians Lawrence Kessler and Marian Kessler, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, a Montana Corporation, Defendants/Appellees. Jami Olsen, Individually and as natural guardian and next friend of Aubbrianna Olsen; Aubbrianna Olsen, By and through her natural guardian and best friend, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, A Delaware Corporation; Montana Rail Link, A Montana Corporation, Defendants/Appellees. Judy Schnell, Individually and as natural guardian and next friend of Thorn Schnell and Alyssa Schnell-Voorhees; Warren Voorhees, Individually; Thorn Schnell, by and through his natural guardian, Judy Schnell; Alyssa Schnell-Voorhees, by and through her natural guardian, Judy Schnell, Plaintiffs/Appellants, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Defendants/Appellees. Mary St. Onge, Plaintiff/Appellant, v. Burlington Northern and Santa Fe Railway Company, A Delaware Corporation; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. Jeff Wallace, Individually, Plaintiff/Appellant, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, a Montana Corporation, Defendants/Appellees. Cleta Gable-Nuss, Plaintiff/Appellant, v. Burlington Northern and Santa Fe Railway Company, a Delaware Corporation; Montana Rail Link, Inc., a Montana Corporation, Defendants/Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert M. Brenner, argued, Gering, NE, for appellant.
Jennifer K. Eggers, argued, Minneapolis, MN (Erin J. Minkler, on the brief), for appellee Montana Rail Link.
Andrew J. Carafelli, argued, Denver, CO (Thomas L. Beam, Denver, CO, Charles G. Cole and Lincoln L. Davies, Washington, DC, on the brief), for Burlington Northern.
Before WOLLMAN, BYE, and COLLOTON, Circuit Judges.
Various residents of Scottsbluff, Nebraska (Plaintiffs) appeal from rulings by the district court1 adverse to their tort claims against the Burlington Northern and Santa Fe Railroad (BNSF) and Montana Rail Link (MRL). We affirm.
On November 4, 2000, 18 cars from an 84-car freight train operated by BNSF derailed in Scottsbluff. Benzene and other hazardous chemicals from some of the derailed cars leaked to the air and ground. Approximately 1,100 Scottsbluff residents were evacuated.
An investigation into the derailment concluded that the accident originated with the coupler that connected car 33 to car 34.2 The coupler attached to a slot affixed to the back of car 33, and a metal slab called a draft key (secured by a retainer assembly) ran crosswise through the coupler and the fixed slot. For unknown reasons, the draft key fell out of the coupler. As a result, the coupler detached, struck the undercarriage of car 34, and lodged in the switchpoint of the rails. Car 35 derailed when it traveled over the coupler embedded in the tracks. Cars 36 through 52 also derailed.
Two days prior to the derailment, MRL employees had performed a federally mandated inspection of the freight cars at a rail yard in Laurel, Montana.3 MRL assigned two-man crews to inspect the cars while riding alongside them on four-wheel all terrain vehicles (ATVs). From the ATVs, the inspectors visually inspected various aspects of the cars, including the couplers. The crew assigned to examine the segment of freight cars that included car 33 found no defects. The overall inspection covered 84 cars and took approximately thirty minutes. See Inspection Record (Appellants' App. Vol. 18 at 3266).
Plaintiffs filed various suits against BNSF and MRL in Nebraska state court. As relevant to this appeal, they alleged negligence (contending that MRL's...
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