VANDERGRIFF v. MISSOURI PACIFIC R.R.

No. 70738.

769 S.W.2d 99 (1989)

Faye L. VANDERGRIFF and Misty Dawn Vandergriff, Plaintiffs/Appellants, v. MISSOURI PACIFIC RAILROAD, Defendant/Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 16, 1989.


Attorney(s) appearing for the Case

Daniel T. Rabbitt, T. Michael Ward, St. Louis, and L. Dwayne Hackworth, Piedmont, for plaintiffs/appellants.

Kim Roger Luther, St. Louis, for defendant/respondent.


WELLIVER, Judge.

This is an appeal from a jury verdict for defendant Missouri Pacific Railroad following the death of Donald Vandergriff in a collision with a Missouri Pacific locomotive. The Court of Appeals, Eastern District, reversed. The Court of Appeals' opinion held that plaintiff was entitled to the same presumption with reference to flasher lights that is accorded by § 389.990 RSMo 1986, relating to auditory or bell warnings.

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