Railroad Law
 
Sallie N. Peeler v. MCI, Inc. and MCI WorldCom Network Services, Inc.

Sallie Peeler filed this action in a state
court seeking an injunction against the installation of fiber-optic
cable along the Monon Trail, an abandoned railroad
right-of-way in which Peeler claims an interest as the
owner of an adjacent parcel. After the suit's removal under
the diversity jurisdiction, the district court denied Peeler's request for a preliminary injunction.... More...
   $0 (05-09-2006 - IN)

Paul D. Arnold v. Montana Rail Link, Inc.

Montana Rail Link employed Plaintiff as a Locomotive Engineer for 16 years during which he operated a wide variety of diesel locomotives that were equipped with seats commonly used throughout the U.S. railroad industry. Significantly, Plaintiff testified that 95% of the locomotives he operated over the course of his MRL career were owned and maintained by BNSF Railway Co. and its predecessor r... More...   $550000 (04-14-2006 - MT)

Joe Denk and Daniel Hogan v. Illinois Central Railroad

Joe Denk and Daniel Hogan sued the Illinois Central Railroad on a FELA theory claiming that they suffered from asbestosis from exposure to asbestos in the rail yards of the company. They claimed that the railroad defendant used asbestos when it knew that it was dangerous to its employees and did not warn them or equip them is proper safety equipment to make using the mineral safe.

Defendan... More...   $258000 (04-01-2006 - IL)

Material Service Corporation v. Rogers County Commissioners

¶1 Plaintiff/Appellant, Material Service Corp., appeals from the trial court's grant of summary judgment in favor of Defendant/Appellee, Board of County Commissioners of Rogers County, in Plaintiff's action for intentional interference with a contract, intentional interference with a prospective business and unconstitutional taking of property (inverse condemnation). For the reasons set forth bel... More...   $0 (03-29-2006 - OK)

Andrew Blackburn v. CSX Transportation, Inc.

Andrew Blackburn sued CSX Transportation, Inc. on a Federal Employers Liability Act ("FELA") theory for the injuries that the railroad workers suffered when he was thrown from a train while working as a freight conduct. Blackburn suffered a back injury that required a surgical fusion. ... More...   $2905000 (03-21-2006 - TN)

Frank Aloi v. Union Pacific Railroad Corporation

Frank Aloi tripped over a loose rubber mat and was injured while working as a conductor for Union Pacific Railroad (UP).

Aloi brought a personal injury action against UP. Prior to trial, UP destroyed documents relevant to the litigation. As a sanction for spoliation of evidence, the trial court instructed the jury it could draw an inference that the evidence contained in the destroyed d... More...   $0 (03-06-2006 - CO)

Rita Langenhorst, Special Adm'r of the Estate of Gerald Langenhorst, Deceased v. Norfolk Southern Railway Company, et al.

Plaintiff, Rita Langenhorst, as special administrator of the estate of Gerald Langenhorst, deceased, brought a wrongful-death action in the circuit court of St. Clair County against defendants, Norfolk Southern Railway Company (Norfolk), Jimmy Ellis, Samuel Baggett, and Keith Egmon. Plaintiff sought damages for the death of Gerald Langenhorst, resulting from a train-motor vehicle accident occu... More...   $0 (03-02-2006 - IL)

Australian Gold, Inc., et al. v. Brenda Hatfield, et al.

This case stems from Defendants' unauthorized resale over the internet of indoor tanning lotions manufactured and distributed by Plaintiffs. Plaintiffs sued Defendants for trademark infringement, false advertising, and tortious interference with the contracts between Plaintiffs and their distributors. Defendants filed this appeal after a jury awarded Plaintiffs over $5 million in compensatory a... More...   $450000 (02-09-2006 - OK)

G.K. Ltd. Travel, etc. v. City of Lake Oswego, Sandy Ingalls

Plaintiffs-appellants ("plaintiffs") are the owners of a pole sign used to advertise their travel business in the City of Lake Oswego ("City").1 With the stated purpose to reduce visual blight and protect traffic and traveler safety, the City has enacted a sign code ordinance ("Sign Code" or "Code") regulating the type, size and design of all signs erected within its borders. The Sign Code... More...   $0 (01-31-2006 - OR)

B. L. Brereton v. Bountiful City Corporation, et al.

B.L. Brereton brought this complaint challenging a Bountiful City, Utah parking ordinance. The district court concluded that Mr. Brereton lacked standing to pursue the action. It dismissed Mr. Brereton's complaint with prejudice, denied his motion for new trial, and denied him leave to file a second amended complaint. On appeal, Mr. Brereton challenges the "with prejudice" aspect of the dismiss... More...   $0 (01-31-2006 - UT)

The City of Chicago v. Elevated Properties, LLC, etc.

Plaintiff, the City of Chicago (the City), appeals from an order of the circuit court of Cook County, levying fines against defendant, Elevated Properties, LLC, a/k/a Elevated Properties (Elevated), for violations of sections 13-12-125 (Vacant Buildings Ordinance) and 13-12-130 (Unsafe Buildings Ordinance) of the Chicago Municipal Code (Code)(Chicago Municipal Code §§13-12-125, 13-12-130 (2000)... More...   $0 (11-02-2005 - IL)

Families and Estates of John Grabinger and Joey Juntunen v. Canadian Pacific Railroad Company

The Families and Estates of John Grabinger and Joey Juntunen sued Canadian Pacific Railroad Company for the wrongful deaths of both men caused by anhydrous ammonia in a cloud of toxic gas released by the derailment on a tank car on January 18, 2002. The plaintiffs claimed that the railroad negligently failed to properly maintain it track, which the Railroad denied. ... More...   $1 (10-20-2005 - MN)

Wilhelm Murg, Jr. v. Barnsdall Nursing Home

¶1 The dispositive issue presented for our review is whether the letters of special administration of appellant, Wilhelm Murg, Jr., Individually and as Personal Representative of the Estate of Virginia Murg, Deceased, (hereinafter "Murg, Jr.,") properly were issued, or whether his appointment was void ab initio (99,701) (Murg I). Our holding regarding appellant's negligence claim against appellee,... More...   $0 (10-18-2005 - OK)

Wilhelm Murg, Jr. v. Barnsdall Nursing Home

1 The dispositive issue presented for our review is whether the letters of special administration of appellant, Wilhelm Murg, Jr., Individually and as Personal Representative of the Estate of Virginia Murg, Deceased, (hereinafter "Murg, Jr.,") properly were issued, or whether his appointment was void ab initio (99,701) (Murg I). Our holding regarding appellant's negligence claim against appelle... More...   $0 (10-18-2005 - OK)

Lester Grovatt v. St. Jude Medical

St. Jude Medical, Inc. (SJM) produced the Silzone prosthetic heart valve. A test conducted by SJM showed a slightly higher risk of paravalvular leaks at the site where the valves were implanted. SJM thereafter recalled all unimplanted Silzone valves. Numerous suits were then filed across the nation, and the cases were later consolidated in Minnesota. On motions by the plaintiffs, the distri... More...   $0 (10-14-2005 - MN)

Carolina Casualty Company and Denver C. Fox v. Pinnacol Service

This dispute arises out of a 1998 claim by a mentally disabled person, Jeremy Dymowski, against Rocky Mountain Job Opportunity Brigade (RMJOB), which had engaged him on a church clean-up crew. After he was injured at work, Mr. Dymowski, rather than bringing a workers' compensation claim, sued RMJOB in tort. Plaintiff Carolina Casualty Insurance Co. was RMJOB's general liability insurer. It set... More...   $0 (10-13-2005 - CO)

Rebecca Willis v. Town of Marshall, North Carolina

The Town of Marshall, North Carolina, hosts regular Friday-night concerts and community gatherings at the Marshall Depot, the Town's community center. Rebecca Willis enjoyed attending the Friday-night gatherings and dancing to the music provided by the local bands. Willis's unorthodox dancing style, however, led to complaints about her to the committee in charge of the Depot events. As a ... More...   $0 (10-08-2005 - NC)

Wendy Faustin v. City and County of Denver, Colorado, et al.

Wendy Faustin is an abortion protester. On several occasions, she has held a banner reading "ABORTION KILLS CHILDREN" on a highway overpass in Denver for motorists traveling below to see.

After Denver police repeatedly asked Faustin to stop displaying the banner, Faustin brought this action under 42 U.S.C. § 1983 alleging violations of her free speech rights under the First Amendment. In ... More...   $0 (09-20-2005 - CO)

Albert Todd Hohnholt v. BNSF Railway Company

Railroad, Federal Employers' Liability Act and Federal Locomotive Inspection Act.

Plaintiff Todd Hohnholt, a 45 year-old engineer with 25 years of seniority from Guernsey, Wyoming, was injured on the job on July 4, 2004 after exiting the cab of a BNSF locomotive. As Plaintiff began to descend the locomotive stairway, the top portion of a rusty handhold broke, causing Plaintiff to loose h... More...   $1500000 (08-25-2005 - MT)

Summit Properties, Inc. v. Public Service Company of New Mexico, etc.

{1} Summit Properties (Summit), a real estate developer, sued the Public Service Company of New Mexico (PNM) and the City of Santa Fe (City) for, among other things, breach of contract and violation of the Unfair Practices Act (UPA). Summit settled its claims against the City. A trial was held on the claims against PNM, which resulted in the jury's awarding damages to Summit. The trial... More...   $0 (07-15-2005 - NM)

Kelo, et al. v. City of New London

In 2000, the city of New London approved a development
plan that, in the words of the Supreme Court of Connecticut, was "projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas." 268 Conn. 1, 5, 843 A. 2d 500, 507 (2004). In assembling the land needed for this project, the... More...
   $0 (06-24-2005 - CT)

Cheryl Ann Brandner v. Allan Michael Brandner

[1] Allan Michael Brandner appealed from a judgment granting Cheryl Ann Brandner a divorce, dividing their marital property, and setting his child support obligation for their two children. Cheryl cross-appealed from the part of the judgment setting the effective date of Allan's child support obligation. We conclude the trial court did not err in setting the effective date of Allan's child supp... More...   $0 (06-24-2005 - ND)

Missy Martin, Dave Matin and Becky Martin v. Union Pacific Railroad and Dannie Dolan

Missy Martin, Dave Martin and Becky Martin sued Union Pacific Railroad and Dannie Dolan for the injuries and damages they sustained as a result their car being hit by a Union Pacific locomotive on November 12, 2002. They claimed that the engineer, Dannie Dolan, could have avoided hitting the Martins' car, which was stalled on a UP crossing Castle Rock.

Missy Martin suffered a head injury wit... More...   $11700000 (06-24-2005 - CO)

Michigan Department of Natural Resources v. Carmody-Lahti Real Estates, Inc.

In 1873, the Quincy Mining Company conveyed an interest in real property located in Houghton County, Michigan, to the Mineral Range Railroad Company. The parties labeled this interest a "right of way" in the written deed. The precise nature of this right-of-way - whether it was an easement or a fee estate, whether it was limited to railroad purposes and, if so, what such a limitation ... More...   $0 (06-03-2005 - MI)

Lowell and Stella Baker, as Parents and next friends of Summer Baker, a minor, v. Saint Francis Hospital

1 The question before this Court is whether the trial court erred in granting summary judgment to the appellee, Saint Francis Hospital, d/b/a Ave Maria Child Care. We find the trial court erred and reverse and remand for a hearing on the merits.

I. FACTS AND PROCEDURE

2 The parties have agreed on the following facts. Ave Maria Child Care is a daycare facility that cares for children... More...   $0 (05-24-2005 - OK)

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