CARPENTER v. CONSOLIDATED RAIL CORP.

Nos. 92-324 and 92-652.

69 Ohio St.3d 259 (1994)

CARPENTER ET AL., APPELLEES, v. CONSOLIDATED RAIL CORPORATION, APPELLANT.

Supreme Court of Ohio.

Decided May 11, 1994.


Attorney(s) appearing for the Case

Martin S. Goldberg Co., L.P.A., and Steven M. Goldberg, for appellees.

Vogelgesang, Howes, Lindamood & Brunn, Philip E. Howes and Thomas R. Himmelspach, for appellant.

Lee I. Fisher, Attorney General, and Nancy J. Miller, Deputy Chief Counsel, urging affirmance for amicus curiae, state of Ohio.


MOYER, C.J.

This case presents but a single issue: whether the Federal Railroad Safety Act and the Highway Safety Act preempt state law over negligence suits alleging a failure to maintain adequate grade crossing warning devices. Based upon the United States Supreme Court's decision in CSX Transp., Inc. v. Easterwood (1993), 507 U.S. ___, 113 S.Ct. 1732, 123 L.Ed.2d 387, and our own interpretation of the legislation at issue, we find no preemption and therefore...

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