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ELROD v. BURLINGTON NORTHERN R. CO.

No. 95-1004.

68 F.3d 241 (1995)

Debbie Foreman ELROD, Individually and as personal representative of heirs at law of James Daniel Chase Elrod, Deceased, Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, Roy A. WIMBERLY, individually; Sharon K. Wimberly, individually, and as mother and next friend of Misty Wimberly and Amber Wimberly, minors, Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1995.

Attorney(s) appearing for the Case

Robert G. Gilder, Southaven, MS, argued, for appellant.

Denzil Price Marxhall, Jr., Jonesboro, AR, argued (John Deacon and James D. Bradbury, on the brief), for appellee.

Before BOWMAN, JOHN R. GIBSON, and BEAM, Circuit Judges.

BOWMAN, Circuit Judge.

This is a federal preemption case. The sole issue presented in this appeal is whether the District Court1 erred when it held that plaintiffs' Arkansas common-law negligence claim against defendant Burlington Northern Railroad Company had been preempted by federal law. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 (1988) and affirm the judgment of the District Court.

On July 18, 1992, a car collided...

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