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GLEAVE v. DENVER & RIO GRANDE WESTERN R.

Nos. 860057-CA, 860058-CA.

749 P.2d 660 (1988)

Robert L. GLEAVE, Plaintiff and Respondent and Cross-Appellant, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, and Utah Railway Company, a corporation, Defendants and Appellants and Cross-Respondents, and State of Utah, Department of Transportation, Defendant and Respondent.

Court of Appeals of Utah.

Rehearing and Reconsideration Denied February 22, 1988.

Attorney(s) appearing for the Case

Robert J. Debry (argued), Robert J. Debry & Associates, Salt Lake City, for Robert L. Gleave.

E. Scott Savage (argued), Patrick J. O'Hara, Michael F. Richman, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for Denver & Rio Grande Western R. Co.

William Bannon (argued), Paul Warner, Asst. Atty. Gen., Salt Lake City, for UDOT.

Before JACKSON, BENCH and GARFF, JJ.

OPINION

JACKSON, Judge:

This action arises from a collision between an eastbound motor vehicle driven by Robert L. Gleave and an empty southbound coal train operated by an agent of the Denver & Rio Grande Western Railroad Company. The accident occurred at daylight on April 16, 1982, at the crossing of 1600 South Street in Springville, Utah, and the railroad tracks. Gleave suffered severe personal injuries, and his vehicle was demolished. He filed this...

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