WILLIAMS v. BURLINGTON NORTHERN R. CO.

No. J-C-92-284.

849 F.Supp. 682 (1994)

Mildred WILLIAMS as Special Administratrix for the Estate of Charles Curtis Williams and Joann Williams, Deceased; and Mildred Williams as Guardian of the Person and of the Estate of Buddy Wayne Williams and Christina Michelle Williams, Minors, Plaintiffs, v. BURLINGTON NORTHERN RAILROAD CO., Defendant.

United States District Court, E.D. Arkansas, Jonesboro Division.

April 14, 1994.


Attorney(s) appearing for the Case

John H. Bradley, Bill E. Ross, Blytheville, AR, for plaintiff.

John C. Deacon, Barrett & Deacon, Jonesboro, AR, for defendant.


ORDER

HENRY WOODS, District Judge.

The defendant has filed motions for partial summary judgment on the claims of excessive speed and inadequate warnings at the railroad crossing where the plaintiffs' decedents were killed. For grounds, the defendant contends that the state common law has been preempted by the Federal Railroad Safety Act (FRSA).

The standard for granting summary judgment is well established. Summary judgment is proper if the pleadings...

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