8 F. Supp. 3d 1130
D. Minnesota2014Background
- March 31, 2012 collision between Werner truck and Canadian Pacific train near Plummer, Minnesota; Buzzell drove the Werner truck toward CP crossing with signals functioning.
- Collision caused tanker breach, fire, derailment, and aromatic concentrate spill; CP funded and directed cleanup efforts.
- CP filed suit May 3, 2012, alleging Werner’s negligence; amended August 16, 2012 to include nuisance and trespass.
- January 28, 2013: court denied CP’s pre-discovery motion for summary judgment.
- Werner seeks summary judgment arguing Buzzell was medically incapacitated; both sides move to exclude expert testimony; FMCSA preemption asserted by CP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMCSA preemption of sudden incapacitation evidence | CP contends FMCSA preempts state-law excuses for incapacitation. | Werner argues field/preemption bars state-law theories of sudden incapacitation. | FMCSA does not preempt; field and conflict preemption not shown. |
| Admissibility of expert testimony | CP asserts experts should aid jury on causation and safety standards. | Werner argues some experts exceed qualifications or rely on disputed methodology. | Most experts admissible; limitations and cross-examination available; some are denied or limited as noted. |
| Summary judgment on negligence and trespass | CP argues Buzzell’s alleged negligence per se and causal links support liability. | Werner contends incapacity creates no violation, justifies dismissal of claims. | Summary judgment denied on negligence and trespass; questions for the jury remain. |
| Nuisance claim viability from a single event | CP asserts the collision caused ongoing nuisance via chemical spill. | Werner contends single event cannot sustain nuisance claim. | Nuisance claim dismissed as single event and not a continuing condition. |
Key Cases Cited
- Symens v. Smith-Kline Beecham Corp., 152 F.3d 1050 (8th Cir.1998) (Supremacy Clause preemption overview)
- In re Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., 621 F.3d 781 (8th Cir.2010) (field preemption principles)
- Specialized Carriers & Rigging Ass’n v. Virginia, 795 F.2d 1152 (4th Cir.1986) (continued state regulation not displaced by FMCSA)
- Keller v. City of Fremont, 719 F.3d 931 (8th Cir.2013) (conflict preemption requires specific, not generalized, safety conflicts)
- Glorvigen v. Cirrus Design Corp., 581 F.3d 737 (8th Cir.2009) (test for selecting applicable duty of care under federal regulation)
- Robinson v. GEICO Gen. Ins. Co., 447 F.3d 1096 (8th Cir.2006) (expert qualifications and reliability standards)