Joseph J. Waymire v. Norfolk & W. Ry. Co., 218 F.3d 773 (7th Cir. 2000). · Go Syfert
Joseph J. Waymire v. Norfolk & W. Ry. Co., 218 F.3d 773 (7th Cir. 2000). Cases Citing This Book View Copy Cite
“waymire's negligence claim based upon the speed of the train is superseded by frsa and the regulations promulgated thereunder”
218 citation events (210 in the last 25 years) across 45 distinct courts.
Strongest positive: Sean Van Buren v. Kansas City Southern Railway Company (la, 2025-10-24)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) Sean Van Buren v. Kansas City Southern Railway Company
La. · 2025 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir. 2000).
discussed Cited as authority (rule) TRUPPO v. NORFOLK SOUTHERN RAILWAY COMPANY
S.D. Ind. · 2021 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir. 2000) (citing Kossman v. Ne.
discussed Cited as authority (rule) Norfolk Southern Railway Company v. Tobergte (2×) also: Cited "see"
E.D. Ky. · 2021 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir. 2000) (“The question with which we are presented is whether a railroad company can be liable in a FELA negligence action claiming unsafe speed and inadequate warning devices when the complained of conduct complies with the conduct mandated by the FRSA and its regulations.
discussed Cited as authority (rule) Webb v. Union Pacific Railroad Company (2×)
W.D. Mo. · 2020 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir. 2000)); see 49 U.S.C. § 20103 .
cited Cited as authority (rule) NORFOLK SOUTHERN RAILWAY COMPANY v. HARTRY
Ga. · 2019 · confidence medium
Co., 218 F3d 773, 774-775 (I) (7th Cir. 2000) (same); Allenbaugh v. BNSF R.
cited Cited as authority (rule) Bahus v. Union Pacific R.R. Co.
Ill. App. Ct. · 2019 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir. 2000).
cited Cited as authority (rule) Noice v. BNSF Railway Co.
N.M. · 2016 · confidence medium
Co., 218 F.3d 773, 775-76 (7th Cir. 2000).
cited Cited as authority (rule) Noice v. BNSF Ry. Co.
N.M. · 2016 · confidence medium
Co., 218 F.3d 773, 775-76 (7th Cir. 2000).
cited Cited as authority (rule) Wright v. BNSF Railway Co.
N.D. Okla. · 2016 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir.2000).
discussed Cited as authority (rule) Fair v. BNSF Railway Co.
Cal. Ct. App. · 2015 · confidence medium
FRSA was enacted in 1970 with the stated purpose of “promot[ingj safety in every area of railroad operations and reducing] railroad-related accidents and incidents.” ( 49 U.S.C. § 20101 .) While FELA is a general negligence statute that neither prohibits nor requires certain conduct by the railroad, FRSA proscribes railroad conduct by empowering the Secretary of Transportation to implement comprehensive and detailed railroad safety regulations. ( 49 U.S.C. § 20103 ; Waymire v. Norfolk and Western Railway Co. (7th Cir. 2000) 218 F.3d 773, 775 (Waymire).) The Secretary of Transportation ha…
discussed Cited as authority (rule) Fair v. BNSF Railway
Cal. Ct. App. · 2015 · confidence medium
Co. (7th Cir. 2000) 218 F.3d 773, 775 (Waymire); 49 U.S.C. § 20103 .) The Secretary of Transportation has 2 BNSF renewed the preclusion issue when arguing for a directed verdict both after Fair rested his case and at the close of all the evidence.
discussed Cited as authority (rule) Noice v. BNSF Railway Co. (2×) also: Cited "see"
N.M. Ct. App. · 2015 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir. 2000).
discussed Cited as authority (rule) Henderson v. National Railroad Passenger Corp. (2×) also: Cited "see"
S.D.N.Y. · 2015 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000).
examined Cited as authority (rule) Madden v. Anton Antonov & AV Transportation, Inc. (3×) also: Cited "see"
D. Neb. · 2015 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir.2000); see 49 U.S.C. § 20103 .
discussed Cited as authority (rule) Noice v. BNSF Ry. Co. (2×) also: Cited "see"
N.M. Ct. App. · 2015 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir. 2000).
cited Cited as authority (rule) Givens v. Union Pacific Railroad
E.D. Ark. · 2014 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000)).
discussed Cited as authority (rule) Illinois Central Railroad v. Brent (2×)
Miss. · 2013 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000) (same); Nickels, 560 F.3d at 433 (holding that plaintiffs FELA negligence claim for improper installation of track ballast was precluded by FRA track ballast regulations); Brenner v. Consol.
cited Cited as authority (rule) Cowden v. BNSF Railway Co.
E.D. Mo. · 2013 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000).
cited Cited as authority (rule) Norfolk Southern Railway Co. v. Zeagler
Ga. · 2013 · confidence medium
Co., 218 F3d 773, 776 (7th Cir. 2000).
discussed Cited as authority (rule) Clayton Ward v. Illinois Central Railroad Company (2×)
Tenn. Ct. App. · 2013 · confidence medium
In Waymire v. Norfolk & Western Railway Co., 218 F.3d 773, 774 (7th Cir. 2000), a train was involved in an accident with a truck at a railroad crossing.
cited Cited as authority (rule) CSX Transportation, Inc. v. Pitts
Md. · 2013 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir.2000).
discussed Cited as authority (rule) Robert Zimmerman v. Norfolk Southern Corporation (2×)
3rd Cir. · 2013 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000) (relying on Easterwood to conclude that an excessive-speed claim was preempted under the FRSA when the train was travelling below the speed limit).
discussed Cited as authority (rule) Kevin Cowden v. BNSF Railway Company (2×)
8th Cir. · 2012 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000). 6 *891 Two of these cases, Waymire and Lane , specifically dealt with the preclusive effect of 49 C.F.R. § 213.9 on excessive-speed claims brought under the FELA.
discussed Cited as authority (rule) Nunez v. BNSF Railway Co.
C.D. Ill. · 2012 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000) (railroad not liable in negligence action for unsafe speed and inadequate warning devices if railroad’s conduct was consistent with federal regulations ... . ... other than the thoroughly discredited and now-barred testimony from expert Bodnar that the horn did not blow because the event recorder did not record it.
discussed Cited as authority (rule) Powell v. Union Pacific Railroad (2×)
E.D. Cal. · 2012 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000).
discussed Cited as authority (rule) Monheim v. Union Railroad (2×) also: Cited "see"
W.D. Pa. · 2011 · confidence medium
Ry., 218 F.3d 773, 776 (7th Cir.2000); cf. Norris v. Cent. of Ga. R.R.
cited Cited as authority (rule) Brenner v. Consolidated Rail Corp.
E.D. Pa. · 2011 · confidence medium
Co., 218 F.3d 773, 775-76 (7th Cir. 2000).
discussed Cited as authority (rule) Booth v. CSX Transportation, Inc.
Ky. Ct. App. · 2011 · confidence medium
The FELA was enacted by Congress in 1908 with the aim of promoting railroad safety and “to provide a remedy to railroad employees injured as a result of their employers’ negligence.” Waymire v. Norfolk and Western Railway Co., 218 F.3d 773, 775 (7th Cir.2000).
discussed Cited as authority (rule) DeHahn v. CSX Transportation, Inc.
Ind. Ct. App. · 2010 · confidence medium
In Waymire v. Norfolk & Western Railway Co., 218 F.3d 773, 776 (7th Cir.2000), the Seventh Circuit Court of Appeals extended the preemption holdings of Shanklin and Easterwood to hold that negligence claims brought under FELA, not state law, concerning claims of excessive speed and inadequate warning devices were precluded 5 by FRSA regulations covering those subjects.
cited Cited as authority (rule) Melton v. BNSF Railway Co.
Tenn. Ct. App. · 2010 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000)).
discussed Cited as authority (rule) Grogg v. CSX Transportation, Inc. (2×)
N.D. Ind. · 2009 · confidence medium
Co., 218 F.3d 773, 777 (7th Cir.2000).
discussed Cited as authority (rule) Glow v. Union Pacific Railroad
E.D. Cal. · 2009 · confidence medium
Defendant relies on Waymire v. Norfolk & Western Railway Company, 218 F.3d 773, 776 (7th Cir.2000), where the court held that a plaintiff could not bring a claim under FELA for defendant’s alleged operation of a train at unsafe speeds because the Federal Railroad Safety Act set forth a national standard of train speeds.
cited Cited as authority (rule) Veit v. BURLINGTON NORTHERN SANTA FE CORP.
Wash. Ct. App. · 2009 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000) ("Waymire's negligence claim based upon the speed of the train is superseded by FRSA and the regulations promulgated thereunder"); Hargrove v. Missouri Pac.
discussed Cited as authority (rule) Nickels v. Grand Trunk Western (2×)
6th Cir. · 2009 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir. 2000).
examined Cited as authority (rule) Nickels v. Grand Trunk Western RR, Inc. (4×)
6th Cir. · 2009 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000).
discussed Cited as authority (rule) Davis v. Union Pacific Railroad
E.D. Ark. · 2009 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir.2000) (preemption analysis not employed where court faced with interaction of two federal statutes). *957 Recognizing that preemption pertains to a federal-state conflict, courts have used a preclusion analysis, finding that a cause of action brought under the FELA may be precluded or superseded by the FRSA and accompanying federal regulations.
cited Cited as authority (rule) Thomas David Jordan v. Burlington Northern Santa Fe Railroad Company, A Corporation, and Norfolk Southern Railway Company, A Corporation
Tenn. Ct. App. · 2009 · confidence medium
For example, in Waymire v. Norfolk & Western Railway Co., 218 F.3d 773, 774 (7th Cir. 2000), a train was involved in an accident with a truck at a railroad crossing.
cited Cited as authority (rule) Village of Mundelein v. Wisconsin Central Railroad
Ill. App. Ct. · 2006 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir. 2000).
cited Cited as authority (rule) Vito Tufariello v. Long Island Railroad Company, Docket No. 05-1945-Cv
2d Cir. · 2006 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir.2000); Rice v. Cincinnati, New Orleans & Pac.
discussed Cited as authority (rule) Norris v. Central of Georgia Railroad (2×)
Ga. Ct. App. · 2006 · confidence medium
Co., 218 F3d 773, 775 (7th Cir. 2000) (citation and punctuation omitted). 11 See Consolidated Rail Corp. v. Gottshall Consolidated Rail Corp., 512 U. S. 532, 542-544 (114 SC 2396, 129 LE2d 427) (1994). 12 Waymire, supra. 13 49 USC § 20101 . 14 49 USC § 20103 . 15 49 USC § 20106 . 16 Id. (emphasis supplied); see CSX Transp. v. Easterwood, 507 U. S. 658, 673-676 (113 S 1732, 123 LE2d 387) (1993). 17 Norfolk Southern R.
discussed Cited as authority (rule) Hendrix v. Port Terminal RR Ass'n (2×)
Tex. App. · 2006 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir.2000).
discussed Cited as authority (rule) Dickerson v. Staten Trucking, Inc.
E.D. Ark. · 2006 · confidence medium
Co., 218 F.3d 773, 775 (7th Cir.2000) (“The question with which we are presented is whether a railroad company can be liable in a FELA negligence action claiming unsafe speed and inadequate warning devices when the complained of conduct complies with the conduct mandated by FRSA and its regulations.
discussed Cited as authority (rule) Travis Hendrix v. Port Terminal Railroad Association (2×)
Tex. App. · 2006 · confidence medium
Co. , 218 F.3d 773, 775 (7th Cir. 2000).
discussed Cited as authority (rule) Olaniyan Ex Rel. Estate of Olaniyan v. CSX Transportation
N.D. Ill. · 2006 · confidence medium
See CSX Transp. v. Easterwood, 507 U.S. 658, 676 , 113 S.Ct. 1732 , 123 L.Ed.2d 387 (1993) (“under the FRSA, federal regulations adopted by the Secretary of Transportation pre-empt respondent’s negligence action ... insofar as it asserts that petitioner’s train was traveling at an excessive speed.”); Waymire v. Norfolk & Western Ry., 218 F.3d 773, 776 (7th Cir.2000).
discussed Cited as authority (rule) Tufariello v. Long Island Rail Road
E.D.N.Y · 2005 · confidence medium
Co., 218 F.3d 773, 776-777 (7th Cir.2000) (holding that “in order to uphold [the] FRSA’s goal of uniformity,” the FRSA supercedes FELA where the train’s speed and warning devices complied with the FRSA); Thirkill v. J.B.
discussed Cited as authority (rule) Anderson v. Wisconsin Central Transportation Co.
E.D. Wis. · 2004 · confidence medium
Co., 218 F.3d 773, 776-77 (7th Cir.2000) (holding that §§ 646.214(b)(3) and (4) preempt state law adequacy of warning claims “when federal funds are used to install the warning devices and when those devices are installed and fully functioning”); Kiemele v. Soo Line R.R.
cited Cited as authority (rule) Kohn v. Burlington Northern & Santa Fe Railroad
Colo. Ct. App. · 2003 · confidence medium
Ry., 218 F.3d 773, 775-76 (7th Cir.2000)(same).
discussed Cited as authority (rule) Engvall v. Soo Line Railroad Co.
Minn. · 2001 · confidence medium
Ry., 218 F.3d 773, 775 (7th Cir.2000), that allows railroad employees to recover from their employers for employment-related injuries caused by employer negligence, Engvall I, 605 N.W.2d at 739 n. 1; 45 U.S.C. § 51 .
cited Cited as authority (rule) Myers v. Illinois Central R.R. Co.
Ill. App. Ct. · 2001 · confidence medium
Co. , 218 F.3d 773, 776 (7th Cir. 2000).
cited Cited as authority (rule) Myers v. Illinois Central Railroad
Ill. App. Ct. · 2001 · confidence medium
Co., 218 F.3d 773, 776 (7th Cir. 2000).
Joseph J. WAYMIRE, Plaintiff-Appellant,
v.
NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee
99-2788.
Court of Appeals for the Seventh Circuit.
Jul 14, 2000.
218 F.3d 773
Robert B. Thompson (argued), Laurence C. Acker, Harrington, Thompson, Acker & Harrington, Chicago, IL, for Plaintiff-Appellant., John C. Duffey, Geoffrey L. Blazi (argued), Stuart & Branigin, Lafayette, IN, for Defendant-Appellee., Raymond H. Groble, III, Daley & Mo-han, Chicago, IL, Louis P. Warchot, Association of American Railroads, Washington, DC, for Amicus Curiae.
Bauer, Manion, Posner.
Cited by 77 opinions  |  Published
BAUER, Circuit Judge.

Joseph Waymire, a conductor for the defendant Norfolk and Western Railway Company (“N & W”), sued his employer under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq., claiming that the post traumatic stress he suffered after a train/truck collision disabled him from continuing his employment. The District Court found that Waymire’s FELA negligence claims were superseded by the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20101 et seq., and entered summary judgment in favor of N & W. Waymire appeals. We affirm.

I. BACKGROUND

On June 8, 1996, Waymire was the conductor on an N & W train that collided with a truck stopped on N & W’s tracks at the McGalliard Road crossing in Muncie, Indiana. Waymire was not physically injured in the collision, but he claims that as a result of the accident he developed post traumatic stress syndrome and is completely disabled from employment. The driver of the truck suffered only scrapes and bruises.

Waymire sued N & W under FELA, claiming that the railroad company’s negligence in allowing the train to travel at an unsafe speed and in fading to install additional warning devices at the crossing caused or contributed to cause the accident. [1] Just prior to the collision, the train was traveling 20 to 23 miles per hour, well below the 60 miles per hour speed limit set by FRSA and the regulations promulgated thereunder. Furthermore, at the time of the accident, the McGalliard Road crossing was equipped with federally funded, installed and approved warning devices, including cantilevered flashing warning signals that gave advance warning of an approaching train, pavement markings indicating the presence of railroad tracks, and a “DO NOT STOP ON TRACKS” sign that motorists had to pass before reaching the tracks.

[*775] Arguing that its compliance with FRSA precluded Waymire’s negligence claims under FELA, N & W moved for summary judgment. The District Court considered the statutes and ruled that FRSA and regulations promulgated thereunder defeated plaintiffs allegations of unsafe train speed and inadequate warning devices in his FELA negligence action. We agree and affirm the District Court.

II. DISCUSSION

We review the District Court’s grant of summary judgment de novo, drawing all reasonable inferences in favor of the non-movant, Waymire. Williams v. National Railroad Passenger Corp., 161 F.3d 1059, 1061 (7th Cir.1998). If we find there is no genuine issue of material fact and that N & W is entitled to judgment as a matter of law, we will affirm the District Court’s judgment. Fed.R.Civ.P. 56. Here, there are no genuine issues of material fact and our inquiry focuses on the application of the law to the facts.

A. Unsafe Speed Claim

In 1908, Congress enacted the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq., to provide a remedy to railroad employees injured as a result of their employers’ negligence. Kossman v. Northeast Illinois Regional Commuter Railroad Corp., 211 F.3d 1031, 1035 (7th Cir.2000). FELA imposes on railroads “a general duty to provide a safe workplace,” McGinn v. Burlington Northern Railroad Company, 102 F.3d 295, 300 (7th Cir.1996):

Every common carrier by railroad while engaging in commerce between any of the several States ... shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier ...

45 U.S.C. § 51.

As a general negligence statute, FELA neither prohibits nor requires specific conduct by a railroad. By contrast, the Federal Railroad Safety Act of 1970, 49 U.S.C. § 20101 et seq., proscribes railroad conduct by empowering the Secretary of Transportation to implement comprehensive and detailed railroad safety regulations. 49 U.S.C. § 20103 (“The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders for every area of railway safety.”). The question with which we are presented is whether a railroad company can be liable in a FELA negligence action claiming unsafe speed and inadequate warning devices when the complained of conduct complies with the conduct mandated by FRSA and its regulations. We hold that it cannot.

The vast majority of courts examining lawsuits arising out of automobile/train collisions do so under state law. [2] Thus, the courts employ a preemption analysis. We do not do so here, as we are instead faced with the interaction of two federal statutes. But, we find the opinion of the Supreme Court on the subject of the preemption of unsafe train speed claims to be instructive and so we discuss it here.

In CSX Transportation, Inc. v. Easterwood, 507 U.S. 658, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993), the widow of a truck driver killed in a crossing collision sued the railroad under Georgia law alleging that the railroad operated its train at an excessive speed and failed to maintain adequate warning devices at the crossing. The Court found that plaintiffs excessive speed claim was barred by FRSA’s preemption clause, which provides that states may regulate railroad safety “until the Secretary of Transportation prescribes a regulation or issues an order covering the subject matter of the State requirement.” 49 U.S.C. § 20106 (emphasis added). The[*776] Secretary of Transportation has promulgated regulations under FRSA setting maximum train speeds for certain classes of railroad tracks, 49 C.F.R. § 213.9, and the defendant’s train was traveling within that speed limit. Thus, Easterwood was not allowed to maintain her excessive speed claim.

In deciding whether the speed regulations “covered” the field, ensuring preemption, the Court noted that although they were written in terms of maximum speeds, the regulations were more than just ceilings, an argument also advocated by the plaintiff here. If they were merely ceilings, there arguably would be room for railroad liability if the plaintiff could show that conditions favored lower speeds. The Supreme Court rejected that argument, saying that the preemption clause does not require an inspection of the regulation’s motivation, and, even if it did, the structure of the regulations showed that they were adopted with safety in mind. Id. at 674, 113 S.Ct. 1732.

We are persuaded by the Supreme Court’s reasoning and find that in order to uphold FRSA’s goal of uniformity we must strike the same result. See 49 U.S.C. § 20106 (“Laws, regulations, and orders related to railroad safety shall be nationally uniform to the extent practicable.”). In Easterwood, the train was operating within the FRSA prescribed 60 miles per hour speed limit, as was N & W’s train in this case. It would thus seem absurd to reach a contrary conclusion in this case when the operation of both trains was identical and when the Supreme Court has already found that the conduct is not culpable negligence.

We are not alone in our conclusion. Of the other courts who have been presented with the issue as it relates to FELA and FRSA, two have held that the FELA plaintiffs unsafe speed claim cannot stand in light of the Secretary’s adoption of the speed regulations in 49 C.F.R. Pt. 213. See Rice v. Cincinnati, New Orleans & Pacific Railway Company, 955 F.Supp. 739, 740-41 (E.D.Ky.1997) and Thirkill v. J.B. Hunt Transport, Inc., 950 F.Supp. 1105, 1107 (N.D.Ala.1996). Only one other court has reached the opposite result. See Earwood v. Norfolk Southern Railway Company, 845 F.Supp. 880 (N.D.Ga.1993). We believe the former result to be the correct result in light of FRSA’s goal of uniformity and the Supreme Court’s holding in East-erwood and thus hold that Waymire’s negligence claim based upon the speed of the train is superseded by FRSA and the regulations promulgated thereunder. The judgment of the District Court is affirmed in this regard.

B. Inadequate Warning Devices

We find that similar reasoning causes us to reject Waymire’s FELA claim that N & W negligently failed to install additional warning devices at its crossing. The Secretary of Transportation has addressed crossing safety through a series of regulations and, for projects using federal funds, mandates that crossings involving multiple tracks, high speed trains operating in areas of limited visibility, or having heavy vehicle or train traffic employ automatic gates with flashing signals. 23 C.F.R. § 646.214(b)(3). A “diagnostic team” made up of representatives of the interested parties can also recommend automatic gates and flashing signals be installed. Id. See also 23 C.F.R. § 646.204(g). For crossings not meeting these conditions, the Secretary of Transportation requires that the type of warning device be approved by the Federal Highway Administration (“FHWA”).

The Easterwood court found that these regulations cover the subject matter of warning devices' at grade crossings and displace state law. 507 U.S. at 670-71, 113 S.Ct. 1732. We agreed in Thiele v. Norfolk & Western Railway Company and held that §§ 646.214(b)(3) and (4) preempt state law adequacy of warning claims when federal funds are used to install the warning devices and when those devices are[*777] installed and fully functioning. 68 F.3d 179,184-85 (7th Cir.1995).

Here, the parties do not dispute that the crossing’s warning devices were federally funded and approved by the FHWA and that they were functioning at the time of the collision. If this were a challenge under state law, then, Waymire’s argument would be settled as a matter of law. To allow' a plaintiff to argue adequacy of warning claims under FELA but not under state law would undermine the railroad safety uniformity intended by Congress and we decline to do this. We hold that FRSA supersedes Waymire’s FELA action insofar as it alleges inadequate warning devices, as long as the devices were federally funded, operating, installed and approved in accordance with the regulations promulgated by the Secretary of Transportation under FRSA.

The Supreme Court recently reaffirmed that “[sjections 646.214(b)(3) and (4) ... establish a standard of adequacy that ‘de-terminéis] the devices to be installed’ when federal funds participate in the crossing improvement project.” Norfolk Southern Railway Company v. Shanklin, — U.S. —, —, 120 S.Ct. 1467, 1474, 146 L.Ed.2d 374 (2000), quoting Easterwood, 507 U.S. at 671, 113 S.Ct. 1732. In Shank-lin, the crossing had a reflectorized sign but no gates or flashing lights. The widowed plaintiff argued that the sign, alone, was an inadequate warning device under Tennessee law. The Court found the claim preempted: “Once the FHWA approved the project and the signs were installed using federal funds, the federal standard for adequacy displaced Tennessee statutory and common law addressing the same subject, thereby pre-empting respondent’s claim.” Id. at 1476, 120 S.Ct. 1467.

Relying on Shanklin, we conclude that the requirements in sections 646.214(b)(3) and (4) establish a standard of adequacy and determine the type of warning devices that must be installed at a federally funded crossing improvement project. Given that the federal agency .empowered by Congress to establish uniform, comprehensive federal safety standards related to warning devices at grade crossings has promulgated such regulations, federal common law and statutes on these issues are necessarily displaced. Therefore, Waymire’s FELA claim asserting inadequate warning devices at the crossing is superseded by FRSA and its regulations. The judgment of the District Court in this regard is affirmed.

III. CONCLUSION

To treat cases brought under federal law differently from cases brought under state law would defeat FRSA’s goal of uniformity. It would deny recovery to the motorist struck by the train, but not to the engineer operating the train. We do not believe that is the result envisioned by the statute or by the Supreme Court’s decisions. To the extent that FELA, then, is inconsistent with FRSA on the issues of train speed and warning devices at grade crossings, we hold that FRSA supersedes FELA. Because N & W complied with FRSA and its regulations, we find that summary judgment was properly granted and affirm the decision of the District Court.

Affirmed.

1

. Waymire also sued the truck driver and the truck driver’s employer, but those claims were settled and are not part of this appeal.

2

. These suits are filed by the injured private citizen, not the injured railroad employee.