Following a train derailment and tankcar failure, the main action was settled.
The remaining parties brought summary judgment motions regarding third-party claims and contractual indemnity.
The court ruled that opinions in a Transportation Safety Board report are inadmissible, but factual observations are admissible.
The court also interpreted an indemnity clause under Illinois law, finding it did not require the lessee to indemnify the lessor for the lessor's own negligence.
Finally, the court granted summary judgment dismissing the third-party claim against the maintenance contractor, finding no evidence of a duty to inspect the failed welds and that the claims were barred by the US doctrine of preemption.
