428 P.3d 863
Okla.2018Background
- On Dec. 29, 2008 Jeffrey Nye was killed when his jeep-trailer was struck at a passive (crossbuck-only) railroad crossing on County Road 1660; passenger survived and later settled his claim.
- Nye's estate sued BNSF for wrongful death, alleging inadequate warning devices, failure to maintain clear sightlines (overgrown vegetation), and failure to sound the train horn; BNSF raised contributory negligence and federal preemption defenses.
- Evidence at trial: conflicting proof about whether the crossbucks at the crossing were installed with federal funds (which would trigger FRSA preemption); testimony and video showing sightline obstructions; event data recorder issues and disputed testimony on whether the horn was sounded.
- Jury returned an 11-1 verdict finding negligence by both parties (65% BNSF, 35% Nye) and awarded $14.813 million; judgment (after setoffs) awarded the estate ~$10.7 million plus interest.
- BNSF renewed motions for JNOV/new trial arguing federal preemption, negligence per se of Nye, counsel misconduct, and excessive damages; trial court denied the post-trial motions and the Oklahoma Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal preemption of inadequate-signalization claim | Nye argued preemption did not apply because there was a factual dispute whether the crossbucks were federally funded and operational before the accident | BNSF argued FRSA/related regs preempt state tort claims challenging federally funded warning devices | Preemption not established as a matter of law; jury appropriately resolved disputed factual question about federal funding and timing of device installation |
| Negligence per se under Okla. Stat. tit. 47, §11-701 (failure to yield to plainly visible train) | Nye argued train was not "plainly visible" due to vegetation and sightline obstructions; horn was not sounded, so causation disputed | BNSF argued Nye violated §11-701 and was negligent per se, which should bar recovery | Whether train was "plainly visible" was factual and disputed; competent evidence supported jury finding that BNSF's negligence was a proximate cause, so negligence per se did not defeat recovery |
| Alleged counsel misconduct (event recorder and corporate wealth) | Nye said counsel's statements were justified by conflicting evidence and BNSF opened the door on corporate-wealth topic | BNSF claimed opening/closing and elicited testimony injected prejudice and improper insinuations (tampering; wealth) | Court found no reversible misconduct; trial judge acted within discretion, and any opened issues were permissible or cured by rulings/admonitions |
| Excessiveness of damages award | Nye presented evidence supporting substantial non-economic losses to spouse, children, and mother | BNSF argued the $14.8M verdict (vs. ~$813k economic) was excessive and driven by passion/prejudice | Award affirmed: not "beyond all measure" or indicative of passion/prejudice; jury reasonably credited non-economic loss evidence |
Key Cases Cited
- Norfolk S. Ry. Co. v. Shanklin, 529 U.S. 344 (U.S. 2000) (FRSA preemption applies when warning devices were federally funded/installed)
- CSX Transportation v. Easterwood, 507 U.S. 658 (U.S. 1993) (Supreme Court precedent on federal preemption in railroad safety context)
- Akin v. Mo. Pac. R.R. Co., 977 P.2d 1040 (Okla. 1998) (Oklahoma rule that preemption requires federally funded, operational devices; plan/approval insufficient)
- Hamilton v. Allen, 852 P.2d 697 (Okla. 1993) (negligence per se under §11-701 when warnings were visible and motorist disregarded them)
- Barnes v. Okla. Farm Bureau Mut. Ins. Co., 11 P.3d 162 (Okla. 2000) (appellate standard deferring to jury verdict where competent evidence supports it)