Kita said the STB has exclusive jurisdiction of economic regulation and a negligence-based jury award "for not being reasonable under the circumstance, that is effectively a tacit economic regulation."
February 01, 2023 at 03:19 PM
3 minute read
A federal preemption challenge has the Texas Supreme Court considering whether juries can try accident cases involving safety issues at railroad crossings.
The lawsuit presented for oral argument Tuesday appears to be the first case where a state supreme court is weighing in on the issue, said attorney Matthew J. Kita, who spoke for the plaintiff family in a wrongful death case of a train collision with a car.
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The railroad crossing that led to litigation in Horton v. Kansas City S. Railway. Credit: Court exhibit.
