The Texas Supreme Court has agreed to hear a case involving a collision of a train and a car at a railroad crossing that raises questions of federal preemption as well as sufficiency of evidence.
Ladonna Sue Rigsby was killed by a train operated by Kansas City Southern Railroad Co. while she was driving across a railroad crossing. Her children sued the railroad company, alleging that its failure to correct a raised hump in the mid-point of the crossing and its failure to maintain a yield sign at the crossing were proximate causes of the accident.