KOVACS v. C & O. R. CO.

Docket No. 68420.

134 Mich. App. 514 (1984)

351 N.W.2d 581

KOVACS v. CHESAPEAKE & OHIO RAILWAY COMPANY

Michigan Court of Appeals.

Decided May 14, 1984.


Attorney(s) appearing for the Case

C. Robert Beltz, for plaintiff.

Cross, Wrock, Miller & Vieson (by Gene S. Davis, Craig A. Anderson and Robert E. Casey, Jr.), for defendant.

Before: BRONSON, P.J., and M.J. KELLY and R.S. HOFFIUS, JJ.


M.J. KELLY, J.

Defendant appeals as of right from a jury verdict of $1.5 million in favor of plaintiff, reduced by one-third for the comparative negligence of plaintiff's decedent. We affirm.

FACTS

On September 30, 1976, plaintiff's decedent was struck and killed by one of defendant's trains as he sat in a rented dump truck straddling defendant's railroad tracks. The decedent, 49-year-old Charles L. Kovacs, and John Hibbard, an employee of Copeland...

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