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KRENTZ v. CONSOLIDATED RAIL CORP.

910 A.2d 20 (2006)

Jerry and Christine KRENTZ v. CONSOLIDATED RAIL CORPORATION & PA Department of Transportation Appeal of Consolidated Rail Corporation. Jerry and Christine Krentz v. Consolidated Rail Corporation & PA Department of Transportation Cross Appeal of Jerry and Christine Krentz.

Supreme Court of Pennsylvania.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Craig J. Staudenmaier, Esq., Lucinda Carolyn Glinn, Esq., Harrisburg, for Consolidated Rail Corporation.

Nancy L. Winkelman, Esq., Philadelphia, for amicus curiae Association of American Railroads.

Joseph Edward Savoca, Esq., Erik M. Humme, Esq., Julie Brown Miller, Esq., Gary Gene Krafft, Esq., Harrisburg, for Jerry and Christine Krentz.

Daniel R. Goodemote, Esq., Harrisburg, for PA Department of Transportation.

Joseph Edward Savoca, Esq., Erik M. Hume, Esq., Julie Brown Miller, Esq., Gary Gene Krafft, Esq., Harrisburg, for Jerry and Christine Krentz.

Craig J. Staudenmaier, Esq., Lucinda Carolyn Glinn, Esq., Harrisburg, for Consolidated Rail Corporation.

Nancy L. Winkelman, Esq., Philadelphia, for Association of American Railroads.

BEFORE:CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NEWMAN.

We are required to answer two questions that this Court has not yet had occasion to address: (1) whether the Occupied Crossing Rule should be abandoned as a judicial anachronism in light of the adoption of the Comparative Negligence Act;1 and (2) whether the Federal Rail Safety Act2 preempts 18 Pa.C.S. § 6907, the Pennsylvania "blocked crossing" statute. For the...

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