IN RE MIAMISBURG TRAIN DERAILMENT LITIGATION

No. 92-1244.

68 Ohio St.3d 255 (1994)

IN RE MIAMISBURG TRAIN DERAILMENT LITIGATION.

Supreme Court of Ohio.

Decided February 9, 1994.


Attorney(s) appearing for the Case

Waite, Schneider, Bayless & Chesley Co., L.P.A., Stanley M. Chesley and Terrence L. Goodman; Ruppert, Bronson & Chicarelli Co., L.P.A., and James D. Ruppert, for appellants.

Freund, Freeze & Arnold, Gordon D. Arnold and Patrick J. Janis; Johnson & Bell, Ltd., William v. Johnson, Thomas H. Fegan and William A. Geiser, for appellee Union Tank Car.

Rendigs, Fry, Kiely & Dennis, W. Roger Fry, Ralph F. Mitchell and Jonathan P. Saxton, for appellees Albright & Wilson and ERCO.


Per Curiam.

This case requires us to determine whether appellants' common-law tort claims are preempted by federal law. For the reasons which follow, we answer this question in the negative.

I

A

The United States Congress enacted the FRSA in 1970 "to promote safety in all areas of railroad operations and to reduce railroad-related accidents, and to reduce deaths and injuries to persons...

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