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CSX TRANSP., INC. v. EASTERWOOD

No. 91-790.

507 U.S. 658 (1993)

113 S.Ct. 1732

123 L.Ed.2d 387

CSX TRANSPORTATION, INC. v. EASTERWOOD

Supreme Court of United States.

Decided April 21, 1993.

Attorney(s) appearing for the Case

Howard J. Trienens argued the cause for petitioner in No. 91-790 and respondent in No. 91-1206. With him on the briefs were Carter G. Phillips, Mark E. Haddad, Jack H. Senterfitt, and Richard T. Fulton.

Tambra Pannell Colston argued the cause pro hac vice for respondent in No. 91-790 and petitioner in No. 91-1206. With her on the brief were James I. Parker and William L. Lundy.

Deputy Solicitor General Mahoney argued the cause for the United States urging affirmance in both cases. With her on the brief were Solicitor General Starr, Assistant Attorney General Gerson, William Kanter, Paul M. Geier, and Dale C. Andrews.†

White, J., delivered the opinion for a unanimous Court with respect to Parts I and II, and the opinion of the Court with respect to Parts III and IV, in which Rehnquist, C. J., and Blackmun, Stevens, O'Connor, Scalia, and Kennedy, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Souter, J., joined, p. 676.

Justice White, delivered the opinion of the Court.

Thomas Easterwood was killed on February 24, 1988 when a train owned and operated by petitioner and crossrespondent CSX Transportation, Inc., collided with the truck he was driving at the Cook Street crossing in Cartersville, Georgia. His widow, respondent and cross-petitioner Lizzie Easterwood, brought this diversity wrongful-death action, which alleges, inter alia,<...

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