LOS ANGELES – A three-judge panel has ruled that a woman failed to establish a negligence claim in her suit regarding the death of her 16-year-old daughter.
In the appeal, plaintiff Irma Yolanda Munoz Soto argued that defendants Union Pacific Railroad, Scott King and Robert Finch wrongfully caused the death of her child due to their negligence.
"On appeal from the judgment entered after the motion was granted, Soto contends she raised triable issues of material fact sufficient to defeat summary judgment," the opinion states. "Although we cannot overstate the tragic scope of Soto’s loss, based on the evidence and governing law, we affirm."
Presiding Justice Dennis M. Perluss authored the opinion. Justices Laurie D. Zelon and John L. Segal joined Perluss in the decision.
Soto's 16-year-old daughter, Kimberly Jimenez-Soto, was walking to a bus stop to go to school on the morning of Nov. 7, 2014. To get to the bus stop, she and other children had to walk through an at-grade railroad crossing, which was marked by signs, flashing lights and warning bells, as well as a mast and cantilever structure that had additional lights and levers.
When Jimenez-Soto was walking to school that morning, she was walking with her head down and did not heed any of the warning bells or lights and stepped directly onto the tracks, where she was immediately struck by a Union Pacific freight train and died, according to the opinion.
Soto filed a lawsuit for her daughter's death, alleging that the crossing needed a pedestrian barrier and argued that Finch and King were negligent in their operation of the train.
The Los Angeles County Superior Court granted a motion for summary judgment by Union Pacific, finding that Soto's negligence claim couldn't hold. Soto then appealed.
The judges found that Soto's claim of negligence was preempted because she did not allege that the defendants failed to comply with federal or state laws or regulations. The judges also found that Union Pacific showed it had no reason to apply the brakes on the train until it was too late, as it would've taken the brakes more than 16 seconds before impact to stop and Jimenez-Soto steps onto the tracks 1.2 seconds before impact.
The judges ruled that Union Pacific and the two individuals defendants could recover their costs of the appeal and affirmed the lower court's judgment.
California Court of Appeal of the Second Appellate District, Division Seven case number B289712