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DUNCAN v. UNION PACIFIC R. CO.

No. 890291-CA.

790 P.2d 595 (1990)

Lewis DUNCAN, individually and as personal representative of the Estate of Patrick Duncan, deceased; Jason E. Duncan, a minor by and through his Guardian ad Litem; Alice Duncan; Noreen Duncan; Michael Duncan; Tim Duncan; Kevin Duncan; Brian Duncan; Michelle Bowers, individually and as personal representative of the Estate of Jefrey and Nicole Bowers, deceased; Judson Bowers; Florence Hanson; Shelly Bowers; Sherry Bowers; Monica Henwood, Individually and as personal representative of the Estate of Ramon Henwood, deceased; Phyllis Henwood; and Owen Henwood, Plaintiffs and Appellants, v. UNION PACIFIC RAILROAD COMPANY, a corporation; The State of Utah; Paul Kleinman; and Does 1 through 100, inclusive, Defendants and Respondents.

Court of Appeals of Utah.

April 12, 1990.

Attorney(s) appearing for the Case

Michael A. Katz (argued), Burbidge & Mitchell, Salt Lake City, for appellants.

J. Clare Williams (argued), Larry A. Gantenbein, Salt Lake City, for respondents Union Pacific R. Co. and Paul Kleinman.

Allan L. Larson (argued), Craig Barlow, Anne Swenson, Snow, Christensen & Martineau, Salt Lake City, R. Paul Van Dam, State Atty. Gen., Stephen J. Sorenson, Asst. Atty. Gen., Salt Lake City, for respondent State of Utah.

Before BENCH and JACKSON, JJ., and BULLOCK, Senior District Judge.

OPINION

J. ROBERT BULLOCK, Senior District Judge.

Plaintiffs appeal from a summary judgment dismissing their wrongful death action arising out of a train-automobile collision. We affirm.

Droubay Road is a two-lane thoroughfare running north and south in rural Tooele County. At one point, it intersects the Union Pacific Railroad tracks at approximately a 43-degree angle on the north and a 136-degree angle on the south. Three roadside signs warn oncoming...

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