New Mexico Supreme Court

Noice v. Bnsf Ry. Co.

August 18, 20162016 NMSC 32

Summary

The New Mexico Supreme Court affirmed the Court of Appeals, holding that the Federal Railroad Safety Act does not preclude the estate’s FELA excessive‑speed negligence claim. The Court reasoned that the statutes are complementary and that FRSA contains no express preclusion provision, so the claim may proceed.