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CITIZENS STATE BANK v. SEABOARD SYS. R.R.

Nos. 87-CA-2157-MR, 87-CA-2158-MR and 87-CA-2233-MR.

803 S.W.2d 585 (1991)

CITIZENS STATE BANK, Administrator for the Estate of Patricia Annette Anderson, Appellant, v. SEABOARD SYSTEM RAILROAD, INC., James F. Higgs, Robert E. Anderson, Jr., Pennsylvania National Insurance Group, Appellees. SEABOARD SYSTEM RAILROAD, INC. and James F. Higgs, Cross-Appellants, v. CITIZENS STATE BANK, Administrator for the Estate of Patricia Annette Anderson, and Robert E. Anderson, Jr., Cross-Appellees. Robert E. ANDERSON, Jr., Cross-Appellant, v. CITIZENS STATE BANK, Administrator for the Estate of Patricia Annette Anderson, Seaboard System Railroad, Inc., and James F. Higgs, Cross-Appellees.

Court of Appeals of Kentucky.

February 1, 1991.

Attorney(s) appearing for the Case

Stewart B. Elliott, Owensboro, for appellants and cross-appellees Citizens State Bank, Administrator for the Estate of Patricia Annette Anderson.

Stephen B. Lee, Marvin P. Nunley, Owensboro, for appellees and cross-appellants Seaboard System R.R., Inc., and James F. Higgs.

Robert V. Bowers, Jr., Owensboro, for appellee and cross-appellant Robert E. Anderson, Jr., and appellee Pennsylvania Nat. Ins. Group.

Before DYCHE, EMBERTON and MILLER, JJ.

EMBERTON, Judge:

Patricia Anderson was a passenger in an automobile driven by her husband, Robert Anderson, Jr., when it collided with a train causing her death. The couple's daughter, Amber, also a passenger, survived the collision. The Citizens State Bank, Administrator of Patricia's estate, brought suit against Robert Anderson, Jr., against the train's engineer, James F. Higgs, and against Higgs' employer, the owner of the train, Seaboard System Railroad, Inc....

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