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Feb. 14, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Negligence claims - railroad tracks
 

Ohio Supreme Court

 

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First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

Nye v. CSX Transportation (February 14, 2006) (Appeal from N.D. of Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0061p-06.pdf
-  Nye was injured as a passenger of a car that collided with a train.
Nye sued railroad operator CSX Transportation, Inc., for negligently
causing personal injury. Specifically, Nye brought various claims for
negligence, spoliation of evidence, loss of consortium, and punitive
damages. Nye presents three overarching questions for this court to
decide: (1) whether his adequacy of warning device claim is preempted by
federal law, (2) whether summary judgment was proper on his negligence
claims relating to adequacy of visibility of the train cars and railroad
crossing, and (3) whether summary judgment was proper on his spoliation
claim. We hold that Nye's first claim is preempted by federal law.
Norfolk So. Ry. Co. v. Shanklin, 529 U.S. 344 (2000). His remaining
claims fail to present genuine issues of material fact, and no
reasonable jury could find for Nye. Judgment is AFFIRMED.
 

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