1. Home
  2. Browse Decisions
  3. F.3d
  4. 241 F.3d
  5. 241 F.3d 439 (2001)
 

LANE v. R.A. SIMS, JR., INC.

No. 00-60215.

241 F.3d 439 (2001)

Donald G. LANE, Plaintiff-Appellant-Cross-Appellee, v. R.A. SIMS, JR., INC., ABC, That Person, Firm, Company, or Entity That Employed Daniel Wallace At The Time of The Crossing Collision Which Makes The Basis of This Suit; DE&F, That Person, Firm, Company or Entity Who Negligently Entrusted The Truck To Daniel Wallace; GH&I, That Person, Firm, Company, or Entity Who Leased, and/or Maintained and Inspected The Crossing Which Is The Subject Of This Lawsuit, JK&L, MN&O, Defendants-Appellees, CSX Transportation, Inc., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 2001.

Attorney(s) appearing for the Case

Gary Eugene White, Blackwell & White, Gulfport, MS, Frank O Burge, Jr. (argued), Burge & Wettermark, Birmingham, AL, for Donald G. Lane.

Patrick Holt Zachary (argued), Zachary & Leggett, Hattiesburg, MS, for R.A. Sims, Jr., Inc.

Patrick Russell Buchanan (argued), Raymond L. Brown, Brown, Watt & Buchanan, Biloxi, MS, for CSX Transportation, Inc.

Brent A. Talbot, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Association of American Railroads, Amicus Curiae.

Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this negligence action arising out of a collision at a crossing between a train and a vehicle, primarily at issue is whether the Federal Railroad Safety Act (FRSA), 49 U.S.C. §§ 20101-20153, and a regulation promulgated thereunder, 49 C.F.R. § 213.9, which set maximum train speeds for different classes of tracks, preclude a railroad employee's negligence action under the Federal Employers' Liability Act (FELA...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases