SOUTHERN PACIFIC TRANSP. CO. v. YARNELL

No. CV-93-0106-PR.

181 Ariz. 316 (1995)

890 P.2d 611

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Petitioner, v. Hon. Michael A. YARNELL, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent, Mary E. ISBELL, For and on her Behalf as surviving spouse of Richard Levonne ISBELL, and For and on Behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell and Joseph Isbell, the surviving children of Richard Levonne Isbell, Real Parties in Interest. The STATE of Arizona, acting By and Through the ARIZONA DEPARTMENT OF TRANSPORTATION and the Arizona Corporation Commission, Petitioner, v. Hon. Michael A. YARNELL, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent, Mary E. ISBELL, For and on her own Behalf as surviving spouse of Richard Levonne ISBELL, and For and on Behalf of Dennis Isbell, David Isbell, John Isbell, Marsha Isbell and Joseph Isbell, the surviving children of Richard Levonne Isbell, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

Supplemented on Denial of Reconsideration April 27, 1995.


Attorney(s) appearing for the Case

Fennemore Craig by F. Pendleton Gaines, III and Mark H. Brain, Phoenix, for Southern Pacific Transp. Co.

Campana, Vieh & Strohm by Donald O. Loeb, Scottsdale, for the State of Arizona.

Begam, Lewis, Marks, Wolfe & Dasse by Elliot G. Wolfe and Cora Perez, Phoenix, for Mary Isbell, et al.

Haralson, Kinerk & Morey by D. Dale Haralson, Tucson, and The Langerman Law Offices by Amy G. Langerman, Phoenix, for The Arizona Trial Lawyers Ass'n, amicus curiae.


OPINION

MARTONE, Justice.

We are asked to define the nature, scope and effect of 23 U.S.C. § 409 on the discoverability and admissibility of evidence in railroad-crossing tort claims.

I. BACKGROUND

This is a wrongful death action brought by Mary Isbell as the surviving spouse of her husband, Richard, who died in 1990, when the milk truck he was driving collided with a train at a crossing in Chandler. Among other things, Mary alleges...

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