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HIGHTOWER v. KANSAS CITY SOUTHERN RY. CO.

No. 94,011.

70 P.3d 835 (2003)

2003 OK 45

Juanita HIGHTOWER, as Guardian of the Person And Estate of William Franklin Pearl, An Incompetent Person, Plaintiff/Appellee, v. KANSAS CITY SOUTHERN RAILWAY CO., a Foreign Corporation, Defendant/Appellant. J.T. Locke, and Jerry Hinds, Defendants.

Supreme Court of Oklahoma.

May 6, 2003.

Attorney(s) appearing for the Case

Jerry L. McCombs and Jon Ed Brown of LeForce & McCombs, P.C., Idabel, OK, for plaintiff/appellee.

Kirkman T. Dougherty and J. Rodney Mills of Hardin, Jesson & Terry, Fort Smith, AK, for defendant/appellant.

LAVENDER, J.

¶ 1 The issues in the present cause are as follows: (1) whether Pearl's state law negligence theories based upon adequacy of the warning devices, excessive train speed and "local hazard conditions" are preempted by federal law such that the trial court's instructions on these issues were improper and (2) if so, whether the scope of federal preemption extends to bar evidence of adequacy of warning devices, excessive train speed and "local hazard conditions...

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