Union Pacific Railroad Co. v. Superior Court of Madera County

Summary

J. Snauffer finds the trial court improperly denied Union Pacific's motion for summary judgment. The drivers died after their collision with one-another caused their vehicles to strike a tree and burst into flames on land owned by Union Pacific. Relatives of the deceased parties say that Union Pacific was negligent for failing to remove the tree or to otherwise protect the public from it. Though the trial court found that the facts did not warrant creating a judicial exception to the ordinary duty of care, such an incentive for all property owners to clear their land of all stationary objects within a certain distance of a highway is untenable. The policy of preventing future harm weighs in favor of creating a judicial exception to the ordinary duty of care. Vacated.