Holding that the Federal Railroad Safety Act does not preempt common-law negligence claims for property damage, the state Supreme Court has ruled that SEPTA can be held liable for flood damage allegedly caused by a more-than-100-year-old railroad bridge.
The court ruled 5-1 in Miller v. Southeastern Pennsylvania Transportation Authority that the federal statute did not address common-law riparian rights, which was the basis for the plaintiff’s claims; therefore, the case should not have been dismissed by the trial court. The decision overturns the ruling from a split en banc Commonwealth Court panel, which held the federal safety statute preempted the claim.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
