MGS attorneys Sean Sullivan and Kathryn Doi secured a Summary Judgment win for a rail client. 

The plaintiffs filed suit alleging that they suffered property damage and personal injury resulting from both idling of locomotives on railroad tracks adjacent to their property and a September 2012 train derailment adjacent to their property. 

After the close of discovery, MGS filed a Motion for Summary Judgment on behalf of their clients, renewing its preemption argument and further contending that no evidence supported the plaintiffs’ claims that the September 2012 derailment proximately caused their alleged damages.  The court rightly found the idling claim was preempted and the derailment claim was unsupported by any evidence in the record. The Court granted summary judgment for MGS’ client and terminated the case.