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PARTENFELDER v. ROHDE

No. 2012AP597.

850 N.W.2d 896 (2014)

2014 WI 80

Monica Ensley PARTENFELDER, Plaintiff, Managed Health Services Insurance Corp./Healthcare Recoveries, Inc., Involuntary-Plaintiff, Scott Partenfelder, Plaintiff-Appellant-Cross-Respondent, v. Steve ROHDE, Defendant-Respondent-Petitioner, Soo Line Railroad Company, Defendant-Respondent-Cross-Appellant-Petitioner. League of Wisconsin Municipalities Mutual Insurance, Involuntary-Plaintiff, Cyndi Krahn and John Krahn, Plaintiffs-Appellants-Cross-Respondents, v. Steve ROHDE, Defendant-Respondent-Petitioner, Soo Line Railroad Company, Defendant-Respondent-Cross-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 22, 2014.

Attorney(s) appearing for the Case

For the defendant-respondent-cross-appellant-petitioner, there were briefs by Timothy R. Thornton , Jonathan P. Schmidt , and Briggs and Morgan, P.A., Minneapolis, and William H. Frazier , Melinda A. Bialzik and Godfrey, Braun & Frazier, LLP, Milwaukee, and oral argument by Timothy R. Thornton.

For the plaintiffs-appellants-cross-respondents, there was a brief by Robert D. Crivello and Cannon & Dunphy, S.C., Brookfield, and Victor C. Harding and Warhafsky, Rotter, Tarnoff, Bloch, S.C., Milwaukee, with oral argument by Robert D. Crivello.

An amicus curiae brief was filed by Beth Ermatinger Hanan and Gass Weber Mullins LLC, Milwaukee, and Daniel Saphire , Washington, D.C., on behalf of the Association of American Railroads.

DAVID T. PROSSER, J.

¶ 1 This is a review of a published decision of the court of appeals1 relating to the applicability of federal preemption under the Federal Railroad Safety Act (FRSA).

¶ 2 The FRSA and its accompanying federal regulations normally preempt state law claims relating to train speed. 49 U.S.C. § 20106 (2006). However, there are exceptions. One exception provides that regardless of the speed set by...

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