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DANIEL v. SOUTHERN PACIFIC TRANSP. CO.

No. 2 CA-CV 92-0020.

173 Ariz. 320 (1992)

842 P.2d 1333

Henry Q. DANIEL, Plaintiff/Appellee, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied January 20, 1993.

Attorney(s) appearing for the Case

Garry B. Bryant, Tucson, for plaintiff/appellee.

Tower, Byrne, Beaugureau & Shaw by David L. Beaugureau and Terrance L. Sims, Phoenix, for defendant/appellant.

OPINION

LIVERMORE, Chief Judge.

Plaintiff Henry Daniel, a brakeman for defendant Southern Pacific Transportation Co., was seriously injured in a train derailment. He successfully sued under the Federal Employers' Liability Act, 45 U.S.C. § 51, asserting various negligent acts and omissions. Defendant appeals claiming that one of the alleged negligent omissions could not be a basis of recovery because of federal preemption, and that the trial court committed...

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