Calif. Court: Wrongful Death Case May Proceed Despite Preemption Ruling in Prior Case

LOS ANGELES - Surviving family members of a woman whose prior personal injury suit against BNSF Railway Co. was dismissed as preempted are not collaterally estopped from pursuing a wrongful death claim against the railroad based on premises liability, a California appeals court has ruled. Haver, et al. v. BNSF Railroad Co., No. B229415 (Calif. Ct. App., 2nd Dist.).

The California Second District Court of Appeal said May 3 that allegations in the wrongful death complaint filed by Lynne Haver's family are separate from the issues litigated in Haver's initial suit, which involved BNSF's liability based on exposure from locomotives. …