Railroad Crossing • Pedestrian • Pre-emption • Proximate Cause

Lopez v. CSX Transp., Inc., PICS Case No. 17-1458 (W.D. Pa. Sept. 13, 2017) Gibson, J. (31 pages).

The court, in case in which pedestrian was struck crossing train tracks, granted defendant train company's motion for summary judgment regarding plaintiff's claims for negligently exceeding the speed limit, negligently failing to have adequate pedestrian warning, negligent design and maintenance and negligent failure to issue adequate audible warnings and denied the motion with regard to plaintiff's claim for negligent operation of the train. Motion granted in part and denied in part.