Transit Agency Shakes Pa. Railroad Bridge Defect Suit

Law360, Philadelphia (March 7, 2013, 6:34 PM EST) -- A hotelier's allegations that defects in the design of a railroad bridge owned by a Pennsylvania transit authority were responsible for $6 million in flood damage are preempted by the Federal Railroad Safety Act, a Pennsylvania appeals court ruled Thursday.

A Pennsylvania Commonwealth Court panel ruled that federal regulations requiring railroads to accommodate the flow of water around their facilities preempted common law tort claims leveled by David Miller, the former owner of a suburban Philadelphia hotel that was damaged by three floods he says were...
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