NORFOLK SOUTHERN R. CO. v. SHANKLIN

No. 99-312.

529 U.S. 344 (2000)

NORFOLK SOUTHERN RAILWAY CO. v. SHANKLIN, INDIVIDUALLY AND AS NEXT FRIEND OF SHANKLIN

United States Supreme Court.

Decided April 17, 2000.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were G. Paul Moates, Stephen B. Kinnaird, Everett B. Gibson, and Wiley G. Mitchell, Jr.

Gregory S. Coleman, Solicitor General of Texas, argued the cause for the State of Texas et al. as amici curiae urging reversal. With him on the brief were John Cornyn, Attorney General of Texas, Andy Taylor, First Assistant Attorney General, and Linda E. Eads, Deputy Attorney General, Bill Pryor, Attorney General of Alabama, D. Michael Fisher, Attorney General of Pennsylvania, Charlie Condon, Attorney General of South Carolina, and Norman N. Hill.

Thomas C. Goldstein argued the cause for respondent. With him on the briefs were Pamela R. O'Dwyer and Brian Wolfman.

Patricia A. Millett argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Douglas N. Letter, Michael E. Robinson, Nancy E. McFadden, Paul M. Geier, Dale C. Andrews, Edward V. A. Kussy, and S. Mark Lindsey.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, p. 359. Ginsburg, J., filed a dissenting opinion, in which Stevens, J., joined, p. 360.


Justice O'Connor, delivered the opinion of the Court.

This case involves an action for damages against a railroad due to its alleged failure to maintain adequate warning devices at a grade crossing in western Tennessee. After her husband was killed in a crossing accident, respondent brought suit against petitioner, the operator of the train involved in the collision. Respondent claimed that the warning signs posted at the...

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