Gauthier et al v. Union Pacific Railroad Company et al
| Jermaine Gauthier, Lucretia Nickerson, Judy Gauthier and Yolanda Gauthier |
| Union Pacific Railroad Company, Andrew F Granger, Brent Waguespack, Ken Rouse, National Railroad Passenger Corporation and Jack Mann |
| 1:2007cv00012 |
| January 9, 2007 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| XX US, Outside State |
| Keith F. Giblin |
| Thad Heartfield |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
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Filing
115
MEMORANDUM ORDER overruling objections and adopting 112 report and recommendation on dfts' dispositive motions. Dfts' 45 motion for partial summary judgment regarding the railroad's duty to maintain the crossing is denied. Dfts 9; 46 motion for summary judgment regarding Plas' survival action is granted. Dfts' 47 motion for partial summary judgment regarding the federal preemption under the Boiler Inspection Act of claims related to the adequacy of warning dev ices is granted; subject to the Plas' introduction of certain related evidence on other negligence claims. Dfts' 48 motion for partial summary judgment as to the Plas' inadequate warning devices claim is denied. Dfts' 49 motio n for partial summary judgment as to Plas' inadequate warning devices and excessive train speed claims (federal preemption based on use of federal funds and train speed) is granted in part (as to the excessive speed claim) and denied in part (as to the inadequate warning device/federal funds preemption issue); and the accompanying 80 supplemental motion for partial summary judgment on the inadequate warning device claims/federal funds issue is denied. Dfts 50 motion to dismiss the Plas' claims for punitive damages under FRCP 12(b)(6) is granted. Dfts' 51 motion for summary judgment regarding allegations of inadequate training of the locomotive engineer is granted. Signed by Judge Thad Heartfield on 3/25/09. (bjc, )
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