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HERNANDEZ v. STATE

Nos. A03-1433, A03-1445.

680 N.W.2d 108 (2004)

Aldo Olaf HERNANDEZ, a minor, by Nelly Hernandez, and Jaime Hernandez, his parents and natural guardians, et al., Respondents, v. STATE of Minnesota, Respondent (A03-1433), Appellant (A03-1445), City of Marshall, Appellant (A03-1433), Respondent (A03-1445), Jesus Pineda, a/k/a Pablo Rodriguez, Respondent, Laura Leticia Salinas, Respondent.

Court of Appeals of Minnesota.

May 25, 2004.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, Paul E. Godlewski, Schwebel, Goetz & Sieben, P.A., Minneapolis, MN, for respondents Hernandez.

Mike Hatch, Attorney General, W. Karl Hansen, Assistant Attorney General, St. Paul, MN, for appellant State of Minnesota.

Paul D. Reuvers, Jason J. Kuboushek, Iverson Reuvers, LLC, Bloomington, MN, for appellant City of Marshall.

Fred Soucie, Soucie, Buchman & Bolt, Ltd., Anoka, MN, for respondent Laura Leticia Salinas.

Jesus Pineda, Worthington, MN, pro se, respondent.

Considered and decided by PETERSON, Presiding Judge; LANSING, Judge; and HALBROOKS, Judge.

OPINION

LANSING, Judge.

In this consolidated appeal from summary judgment in a negligence action for personal injuries sustained in a train-car collision, the State of Minnesota and the City of Marshall argue that the district court erred by failing to apply federal-preemption or governmental-immunity doctrines to dismiss all of the claims. By notice of review, Aldo Hernandez argues that the district court erred by determining that federal law preempts his...

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