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Southern California Regional Rail Authority v. Superior Court
Filed June 3, 2008, Second District, Div. Three
Cite as 2008 SOS 3303


Push Mode Claims Preempted by FRSA Regulation

In 2005, commuter train derailment near Glendale, California happened.

Consequently, about 100 plaintiffs consisting of passengers, railroad workers and their survivors filed a consolidated wrongful death and personal injury action against Southern California Regional Rail Authority and the Los Angeles County Metropolitan Transit Authority (collectively, Metrolink).

The only issue presented in this case is whether federal regulations preempt the plaintiffs’ claim that Metrolink was negligent in operating one of the trains involved in the accident in push mode.

The trial court ruled that the negligence claim was not preempted by holding that federal law precluded a claim that operating in push mode was per se negligent. However, it found that the plaintiffs’ claim was nonetheless not preempted to the extent that it involved the “time, place and manner” of Metrolink’s push mode operation.

Hence, plaintiffs had the right to argue that push mode operation of a passenger train might be negligent in a “highly dense commercial or residential area” with “multiple grade crossings.”

The court of appeal granted Metrolink’s petition for writ of mandate upon finding that federal regulations preempted the plaintiffs’ push mode claims.

The Federal Railroad Safety Act of 1970 (FRSA) provides:

“A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation… prescribes a regulation or issues an order covering the subject matter of the State requirement.”

The passenger equipment safety standards promulgated by the Federal Railroad Administration under Federal Railroad Safety Act, which address design and use in commuter trains of cab cars preempted any claim by plaintiffs, who brought consolidated wrongful death and personal injury lawsuit after the accident.

Hence, the court explained that the local or state regulation on issues of railroad safety is already covered by federal regulations or orders.


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