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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...

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