541 F. App'x 672
6th Cir.2013Background
- Collision between Charles Byrne’s car and a CSX train at Ulsh Road; Byrne sustained permanent injuries, son Cody minor injuries.
- Plaintiffs sued CSX Transportation, Inc., engineer Horn, and conductor Ducre in Ohio state court; case removed to the Northern District of Ohio.
- Defendants moved for summary judgment arguing plaintiffs’ inadequate warning claim was federally preempted by federal funds installation at the crossing.
- Kirkland Affidavit, the primary evidence for preemption, was missing from the record; parties acknowledged potential preemption if federal funding were proven.
- District court granted summary judgment for defendants, finding preemption undisputed and precluding related claims; judgment entered May 31, 2012.
- Appeal followed; the Sixth Circuit reversed, remanding to consider preemption anew in light of the proper record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether preemption grant was proper without evidence. | Byrne: no record evidence supports preemption; missing Kirkland Affidavit left record incomplete. | CSX: preemption supported by record; the Kirkland Affidavit, though missing, would establish funds-supported crossing. | Reversed; summary judgment on preemption vacated for reconsideration with proper record. |
| Whether the missing Kirkland Affidavit bars preemption ruling. | Byrne: absence of affidavit means no proof of federal funding; no preemption basis. | CSX: affidavit would prove preemption; should supplement record. | Remanded to address preemption with the complete evidentiary record. |
| Whether Rule 10(e) supplementation was appropriate to cure the record. | Byrne: supplementation unnecessary and improper; proceeding already tainted. | CSX: supplementation allowed due to omission; record should reflect proceedings. | Supplementation denied; no equitable relief given in light of missing affidavit and exhibits. |
| Whether sanctions or strike of mediation email were warranted. | Byrne: mediation communications confidential; email should be struck to protect confidentiality. | CSX: email used to rebut notice issue; not improper. | Striking reply to the motion to supplement upheld; sanctions denied. |
| Should the case be remanded for proper preemption analysis. | Byrne: preemption must be re-evaluated with complete record. | CSX: record should support preemption; trial court should proceed accordingly. | Yes; case remanded for consideration of federal preemption with proper evidentiary record. |
Key Cases Cited
- Chapman v. UAW, 670 F.3d 677 (6th Cir. 2012) (summary judgment de novo standard; evidence and inferences viewed in nonmovant's favor)
- White v. Detroit Edison Co., 472 F.3d 420 (6th Cir. 2006) (standard for determining genuine disputes of material fact)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court 1986) (materials showing genuine issue of material fact preclude summary judgment)
- Arnett v. Myers, 281 F.3d 552 (6th Cir. 2002) (affirmative defenses and burden shifting on summary judgment)
- Brown v. Earthboard Sports USA, Inc., 481 F.3d 901 (6th Cir. 2007) (preemption considerations and evidentiary burden on movant)
- Vt. Teddy Bear Co. v. 1-800 BEARGRAM Co., 373 F.3d 241 (2d Cir. 2004) (record supplementation and omission considerations in appellate review)
- United States v. One Piece of Real Prop. Located at 5800 SW 74th Ave., 363 F.3d 1099 (11th Cir. 2004) (proper review of evidentiary materials on summary judgment)
- Townsend v. Columbia Operations, 667 F.2d 844 (9th Cir. 1982) (considerations for supplementation of record; mediation context)
- Sigler v. American Honda Motor Co., 532 F.3d 469 (6th Cir. 2008) (equitable relief and evidentiary considerations in appellate review)
- Murdock v. United States, 398 F.3d 491 (6th Cir. 2005) (factors for exercising inherent authority in remedies)