Assad

Plaintiff and appellant George Assad (plaintiff) appeals from an adverse judgment entered following the granting of a summary judgment motion in favor of defendant and respondent Southern Pacific Transportation Company (defendant).

The Trial Court Proceedings

Plaintiff, a member of the volunteer auxiliary arm of the Shasta County Sheriff’s Department search and rescue division, filed suit against defendant alleging that he was injured by metam sodium fumes which were released when defendant’s railroad tank car derailed, spilling its contents of metam sodium into the Sacramento River near Dunsmuir. Plaintiff’s causes of action included negligence, products liability and violations of the Railroad Safety Act, the Hazardous Materials Transportation Act, and the Health and Safety Code.

As the litigation progressed the parties entered into the following stipulation: “Southern Pacific will stipulate to negligence in allowing the tankcar to fall into the river, for purposes of this case only. In return, Mr. Assad will waive punitive damages and all other causes of action except negligence. Southern Pacific expressly reserves the right to dispute any and all issues relating to…