DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042053P.pdf 08/02/2005 Larry Hill v. Burlington Northern
U.S. Court of Appeals Case No: 04-2053
District of Nebraska
[PUBLISHED] [Wollman. Author, with Bye and Colloton, Circuit
Judges]
Civil case - torts. Plaintiffs' claims that defendant negligently
inspected rail cars was preempted by the Federal Railroad
Administration's regulations; district court did not err in applying conflict
of laws principles in determining plaintiffs' state law claims were
governed by Nebraska law; district court did not err in dismissing
plaintiffs' state law claims for strict liability and negligence per se
because Nebraska state law does not recognize violations of a regulation
or statute as negligence per se, and Nebraska has not yet adopted a cause
of action of strict liability for ultrahazardous or abnormally dangerous
activities and would not do so on this set of facts.