FEDERAL RAIL SAFETY ACT / Lawsuit on multiple state tort theories by motorcyclist against railroad for injuries in collision with train at rail / highway crossing – Held: Under Federal Rail Safety Act two pleaded tort claims not preempted and two other pleaded tort claims federally preempted.

Federal Rail Safety Act preempted state tort claims for (1 negligence per se, and (2) failure to warn based on alleged misclassification of tracks at crossing. Federal Rail Safety Act did not preempt state tort claims for failure to maintain safe crossing area.

Zimmerman v. Norfolk Southern Corp., 2013 WL 238789 (U.S. Court of Appeals for the 3rd Circuit, January 23, 2013). Free copy available here.