John Brown v. Natl Railroad Passenger Corp.
705 F.3d 531
| 5th Cir. | 2013Background
- Brown and Purnell were injured when a southbound Amtrak train struck Brown's garbage truck at the Hartley Lane crossing in Copiah County, Mississippi; the crossing had a crossbuck and advance warning signs but no active signals.
- Illinois Central moved for summary judgment on the signaling claim and to exclude Dr. Long’s testimony; Amtrak joined for other claims but Brown’s horn claim proceeded to trial.
- The district court granted Illinois Central’s motion for summary judgment and excluded Dr. Long under Rule 702/Daubert; Brown appealed only the signalization issue.
- Brown’s experts argued the crossing was extrahazardous and required active signaling; Illinois Central argued the crossing was not unusually dangerous under Mississippi law.
- On appeal, the Fifth Circuit affirmed the district court’s grant of summary judgment and exclusion of Dr. Long, holding no genuine issue of material fact existed regarding duty to signalize and that the crossing was not unusually dangerous.
- Dr. Long’s testimony was properly excluded as unreliable under Daubert, and the record supported that Illinois Central was not required to add active signaling at Hartley Lane
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dr. Long’s testimony was properly excluded under Rule 702/Daubert | Long’s methodology and experience render the crossing extrahazardous | Long failed to provide a credible, objective methodology | Exclusion upheld; testimony unreliable under Daubert |
| Whether Hartley Lane crossing was unusually dangerous requiring active signaling | Crossing was extrahazardous; Illinois Central breached common law duty | Crossing view was adequate; not unusually dangerous under Mississippi law | Summary judgment for Illinois Central; crossing not unusually dangerous as a matter of law |
Key Cases Cited
- Illinois Cent. R.R. Co. v. Burns, 396 So. 2d 640 (Miss. 1981) (directed verdict where view along tracks was unobstructed)
- Illinois Cent. R.R. Co. v. Smith, 140 So. 2d 856 (Miss. 1962) (directed verdict given sufficient sight distance to oncoming train)
- Wilner v. Miss. Exp. R.R. Co., 546 So. 2d 678 (Miss. 1989) (recognizes signs allow drivers to slow and look for trains)
- Mitcham v. Ill. Cent. Gulf R.R. Co., 515 So. 2d 852 (Miss. 1987) (duties at crossings largely statutory; vision considerations)
- Hawkins v. Ill. Cent. Gulf R.R. Co., 830 So. 2d 1162 (Miss. 2002) (crossing duties; view and danger considerations)