Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident

The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss in a suit where a commuter train struck a vehicle that became stuck on the tracks.

CSX Transportation raised an issue of first impression as to whether the plaintiff’s claims were federally pre-empted by the Interstate Commerce Commission Termination Act (ICCTA). The Superior Court found that claims asserting negligence against CSX for safety issues around railroad crossings did not subvert the authority of the ICCTA to manage and oversee interstate railroad operations. The court, in denying the common law aspects of the motion to dismiss, specifically noted that those traversing a public railroad crossing are “public invitees” under the law, and, therefore, members crossing that area “are owed a duty of reasonable care by the railroad who controls that crossing.” 

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