Mary Marshall, Individually and as Personal Representative v. Burlington Northern, Inc.

In this wrongful death case brought with diversity jurisdiction, the jury found Burlington Northern, Inc. liable for negligence when one of its freight trains collided with a truck at a grade crossing, killing Kenneth Marshall. The jury awarded Marshall’s surviving widow $75,000 in compensatory damages and $750,000 in punitive damages. We reverse and remand for a new trial.

I. Federal Preemption of On-Train Warning Devices

The Burlington train that collided with Marshall was equipped with a bell, a whistle, two front white headlights, one right above the other, and a revolving amber light behind and above the headlights. Ap-pellee’s negligence case was premised largely on the alleged inadequacy of these devices as warning equipment. Appellee presented evidence and argued to the jury that the headlights were inadequate because from a distance they presented a narrow, single beam that made it difficult for motorists to judge the distance and speed of the train. Appellee urged that various available devices used by other railroads, namely, strobe lights and oscillating lights, are effective warning devices that Burlington failed to install. Strobe lights are used in pairs and flash…