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MARTINEZ v. UNION PACIFIC R. CO.

Nos. 81-2030, 81-2132.

714 F.2d 1028 (1983)

Bobby M. MARTINEZ, Plaintiff-Appellant, Phillip L. Martin, Plaintiff-Appellant/Cross-Appellee v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Defendant-Third Party Plaintiff-Appellee/Cross-Appellant v. Edward Greg LITECKY, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 18, 1983.

Attorney(s) appearing for the Case

Anthony F. Ross, Cheyenne, Wyo. (Vincent A. Ross, Cheyenne, Wyo., with him on the brief), for plaintiff-appellant/cross-appellee.

Henry F. Bailey, Jr., Cheyenne, Wyo., for defendant-third party plaintiff-appellee/cross-appellant.

Maxwell E. Osborn, Cheyenne, Wyo., for third party defendant-appellee.

Before HOLLOWAY, LOGAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

Plaintiffs Martinez and Martin appeal from a judgment entered on a jury verdict in this diversity negligence action in the District of Wyoming, Ewing T. Kerr, Senior District Judge, dismissing their complaint against the Union Pacific Railroad Company (UP) in which they sought to recover damages for personal injuries alleged to have been sustained as the result of a grade crossing collision between plaintiff Martin's car and a UP train...

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