KALAN ENTERPRISES, LLC v. BNSF RY. CO.

No. 05CV1326(JMR/RLE).

415 F.Supp.2d 977 (2006)

KALAN ENTERPRISES, LLC v. BNSF RAILWAY COMPANY

United States District Court, D. Minnesota.

February 14, 2006.


Attorney(s) appearing for the Case

Randall J. Bakke, Smith Bakke Porsborg Schweigert, Bismarck, ND, for Kalan Enterprises, LLC.

Max C. Heerman, Timothy G. Gelinske, Timothy R. Thornton, Briggs & Morgan, PA, Minneapolis, MN, for BNSF Railway Company.


ORDER

ROSENBAUM, Chief Judge.

A freight train operated by defendant derailed. The accident caused a railcar to eject, demolishing a warehouse occupied by plaintiff's business. Plaintiff seeks damages for the losses incurred. Defendant seeks summary judgment, claiming federal preemption bars plaintiff's state law negligence and res ipsa loquitur claims.1 Defendant's motion is granted.

I. Background

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

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