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PEARMAN v. NORFOLK & WESTERN RY. CO.

No. 90-2280.

939 F.2d 521 (1991)

David D. PEARMAN, as Administrator of the Estate of Tamra S. Pearman, Deceased, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, a railroad corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1991.

Attorney(s) appearing for the Case

John T. Papa (argued), Pratt & Callis, Granite City, Ill., for plaintiff-appellant.

Brian L. McPheters (argued), Hatch, Blockman, McPheters, Fehrenbacher & Lyke, Champaign, Ill., for defendant-appellee.

Before MANION and KANNE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

KANNE, Circuit Judge.

During the evening of March 25, 1989, at approximately 8:20 p.m., Tamra Pearman was driving her pickup truck on a highway in Vermilion County, Illinois. One of the Norfolk & Western Railway Company's trains was stopped in such a manner that a black tanker car came to rest blocking the grade crossing where the highway on which she was travelling crossed the tracks. The pickup truck collided with the tanker car at that grade crossing and Mrs...

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