Federal Insurance v. Burlington Northern & Santa Fe Railway Co.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Burlington Northern and Santa Fe Railway Company’s Motion for Summary Judgment came before the Court for hearing on June 30, 2003. After reviewing and considering all papers filed in support of, and in opposition to, the Motion, as well as the arguments advanced by counsel at the hearing, the Court GRANTS the Motion.

I. BACKGROUND

Federal Insurance Company (“FIC”) seeks subrogation from The Burlington Northern and Santa Fe Railway Company (“Burlington”) for money FIC paid to its insured, Plasser American Corporation (“Plasser”). On February 1, 2001, Plasser was moving a ballast undercutter by train when a rail broke on Burlington’s tracks. The derailment damaged the undercutter. (Motion for Summary Judgment (“Mot.”) at 2.)

As a result of the derailment, FIC paid Plasser $613,014, for the amount of damages to the ballast undercutter less any applicable deductible. (Complaint (“Compl.”), ¶ 8.) Plasser’s interests in the payment were assigned to FIC. (Id.)

FIC has one claim it alleges that Burlington was negligent in the inspection, maintenance and repair of Track 6694 and that such negligence caused the derailment.…