Soo Line Railroad Company v. Werner Enterprises
2016 U.S. App. LEXIS 10259
8th Cir.2016Background
- At ~3:20 a.m. on March 31, 2012, Werner truck driver Dale Buzzell struck a Canadian Pacific (Soo Line) train at a highway-rail crossing; the impact derailed cars, punctured a tanker, and spilled hazardous benzene solution; Buzzell died in the resulting truck fire.
- Canadian Pacific incurred $7.76 million in cleanup costs and sued Werner for vicarious liability (driver negligence), negligent supervision/retention, and later added nuisance and trespass claims; Werner asserted a sudden-incapacitation defense supported by autopsy and expert testimony.
- Key factual disputes: whether Buzzell attempted to brake or swerve (witnesses said yes; state reconstruction said no), whether medical evidence showed an acute cardiac event causing incapacitation, and whether Buzzell had a reportable fatigue/sleep condition he failed to disclose to a DOT examiner.
- District court granted summary judgment to Werner on trespass and nuisance claims, denied summary judgment on negligence, and refused to treat FMCSA regulatory violations as negligence per se; jury found Buzzell not negligent on both driving and failure-to-report claims.
- Canadian Pacific moved for JMOL/new trial arguing insufficiency of sudden-incapacitation proof, negligence per se from FMCSA violations, and erroneous jury instruction; the district court denied relief and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trespass (intent requirement) | Werner’s driver intentionally concealed fatigue diagnosis, satisfying intent for trespass | Trespass requires intentional entry onto another’s land; concealing medical info is not entry intent | Affirmed for Werner — no evidence driver intentionally entered crossing to commit trespass |
| Nuisance (single-act liability) | Single catastrophic act causing harm can support nuisance | Minnesota nuisance requires wrongful conduct (fault); single accidental act insufficient absent negligence | Affirmed for Werner — jury found no negligence, fatal to nuisance claim |
| Negligence per se / FMCSA preemption | FMCSA regs violations are negligence per se; federal rules preempt state sudden-incapacitation defense | FMCSA/regulatory violations are prima facie evidence only; federal law does not preempt state defenses | Rejected — court held FMCSA regs do not preempt state sudden-incapacitation defense; violations are prima facie, not per se |
| Sufficiency of evidence for sudden-incapacitation | Evidence does not rule out alternatives (fatigue, distraction); Werner failed to meet burden | Medical examiner and forensic experts concluded an acute cardiac event caused incapacitation; alternative causes ruled out | Affirmed for Werner — reasonable juror could find sudden incapacitation; JMOL denied |
| Jury instruction (negligence per se formulation) | Requested instruction that federal regulation violation is negligence per se unless proven an Act of God | Court instructed violations are negligence unless reasonable excuse/justification shown (prima facie standard) | No abuse of discretion — requested instruction misstated law; given instruction adequate |
Key Cases Cited
- Bishop v. Glazier, 723 F.3d 957 (8th Cir. 2013) (standard of review for summary judgment)
- Oneok, Inc. v. Learjet, Inc., 135 S. Ct. 1591 (U.S. 2015) (framework for field and conflict preemption)
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (U.S. 1996) (presumption against preemption of state police powers)
- Johnson v. Paynesville Farmers Union Coop. Oil Co., 817 N.W.2d 693 (Minn. 2012) (intent requirement for trespass)
- Highview N. Apartments v. County of Ramsey, 323 N.W.2d 65 (Minn. 1982) (nuisance requires wrongful conduct/fault)
- Seim v. Garavalia, 306 N.W.2d 806 (Minn. 1981) (negligence per se is not absolute liability)
- Luke v. City of Anoka, 151 N.W.2d 429 (Minn. 1967) (unforeseeable accidents and reasonable-care standard)