STEVENSON v. UNION PACIFIC R. CO.

No. 2:99-CV-00160 WRW.

110 F.Supp.2d 1086 (2000)

Frank STEVENSON and Rebecca Harshberger, Administratrix of the Estate of Mary E. Stevenson, Deceased, Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant.

United States District Court, E.D. Arkansas, Helena Division.

August 29, 2000.


Attorney(s) appearing for the Case

B. Michael Easley, Easley, Hicky, Cline & Hudson, Forrest City, AR, Robert L. Pottroff, Meyers, Pottroff and Ball, Manhattan, KS, Stephen W. Boyda, Marysville, KS, for Frank Stevenson, Rebecca Harshberger.

Scott H. Tucker and Joseph Patrick McKay, Friday, Eldredge & Clark, Little Rock, AR, for Union Pacific Railroad Company.


ORDER GRANTING PARTIAL SUMMARY JUDGMENT

WILSON, District Judge.

Pending is Defendant's Motion for Partial Summary Judgment (Doc. No. 10), Plaintiffs' Response (Doc. No. 26), and Defendant's Reply (Doc. No. 29). A hearing was held on July 24, 2000. For the reasons set forth below, Defendant's Motion for Partial Summary Judgment is GRANTED.

BACKGROUND

This case arises out of a November 6, 1998 grade crossing collision at the Highway...

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