TERRANOVA v. SOUTHERN PACIFIC TRANSP.

No. CV-87-0385-PR.

158 Ariz. 125 (1988)

761 P.2d 1029

Elizabeth Jo TERRANOVA, Plaintiff/Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

September 1, 1988.


Attorney(s) appearing for the Case

Treon, Strick, Lucia & Aguirre by Richard T. Treon, Arthur G. Newman, Jr., Raymond M. Norris, JoJene E. Mills, Phoenix, for plaintiff/appellant.

Tower, Byrne & Beaugureau by David L. Beaugureau, Anthony J. Hancock, Amy Schwartz, Phoenix, for defendant/appellee.


KLEINSCHMIDT, Judge.*

The plaintiff was injured when she drove into the side of a freight train that was standing across a city street. The trial court granted summary judgment against the plaintiff, holding that the only duty the railroad owed was to warn her that the crossing was blocked. The Court of Appeals, Division 2, affirmed. We vacate the opinion of the court of appeals and reverse the order of the trial court granting summary...

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