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LUBBEN v. CHICAGO CENT. & PACIFIC R. CO.

No. 96-146.

563 N.W.2d 596 (1997)

Brian LUBBEN and Brice Lubben, Executors of the Estate of Klein Lubben, Appellants, v. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY, Appellee.

Supreme Court of Iowa.

May 21, 1997.

Attorney(s) appearing for the Case

Frederick W. James of James Law Firm, P.C., Des Moines, and Tom L. Drew of Drew Law Firm, Des Moines, for appellants.

Edward J. Krug of Krug Law Firm, Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and TERNUS, JJ.

McGIVERIN, Chief Justice.

We must determine whether a state tort claim for alleged negligent failure to install adequate warning devices at a rural railroad crossing is preempted by federal law due to federal funding of the devices at the crossing. The district court concluded that the Federal Railroad Safety Act of 1970, 45 U.S.C.A. § 421 et seq. (West 1986) (FRSA) (current version at 49 U.S.C. § 20101...

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