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WITHAM v. NORFOLK AND WESTERN RY. CO.

No. 41S04-9010-CV-678.

561 N.E.2d 484 (1990)

Bobby G. WITHAM, Guardian of the Estate and Person of Eddie G. Witham, and Bobby G. Witham and Betty D. Witham, Individually Appellants (Plaintiffs), v. NORFOLK AND WESTERN RAILWAY COMPANY, Consolidated Rail Corporation, Andrew Dooley and R.D. Martin, Appellees (Defendants).

Supreme Court of Indiana.

Rehearing Denied December 12, 1990.

Attorney(s) appearing for the Case

Jerome Mirza, Jerome Mirza & Associates, Bloomington, Ill., Thomas E. Hamer, Anderson, for appellants.

Cynthia L. Wodock, White & Raub, Indianapolis, for appellees.

ON CIVIL PETITION TO TRANSFER

DICKSON, Justice.

In this action for personal injury resulting from a railroad crossing collision, the trial court granted the defendants' motion for summary judgment. The Court of Appeals affirmed, Witham v. Norfolk and Western Ry. Co. (1989), Ind. App., 535 N.E.2d 1197. We reverse.

On April 9, 1983, 23-year-old Eddie J. Witham was severely injured when the automobile he was...

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