Simpson

Simpson v. Union Pacific Railroad

Good Law

282 F. Supp. 2d 1151·2003 WL 22160389·2003 U.S. Dist. LEXIS 18007

United States District Court, Northern District of CaliforniaSeptember 15, 2003C 02-4988 MHPCalifornia5,341 words

Opinion

Patel, J.

MEMORANDUM AND ORDER

re Plaintiffs Motion to Remand

Plaintiffs filed this action in California Superior Court for wrongful death and negligence in the death of their twelve-year-old son, Jeffrey Simpson, who was hit by a train while riding his bicycle to school. After the Alameda County Superi- or Court sustained a demurrer filed by the San Leandro Unified School District (“the School District”), defendants National Railroad Passenger Corporation (“Amtrak”), Union Pacific Railroad, and James F. Abrams (collectively “Amtrak”) removed the action to federal court. Now before the court is plaintiffs’ motion for remand. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.

BACKGROUND

According to plaintiffs’ complaint, on the morning of March 1, 2001, Jeffrey Simpson rode his bicycle to John Muir Middle School in San Leandro, California. While crossing train tracks at a pedestrian walkway near his school that was unguarded by gates, Jeffrey was struck and killed by a train operated by defendant Amtrak and driven by defendant Abrams.

On February 19, 2002, plaintiffs commenced an action in Alameda County Superior…

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