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ESTATE OF MARTIN v. CONSOLIDATED RAIL CORP.

No. 27A02-9202-CV-74.

620 N.E.2d 720 (1993)

ESTATE OF Michael K. MARTIN by Kathryn Ann Martin, Administratrix, Kathryn Ann Martin, an Individual, Kathryn Ann Martin, b/n/f Kyle Michael Martin and Clinton McCallum Martin, Appellants-Plaintiffs, v. CONSOLIDATED RAIL Corporation and R.D. Watkins, Appellees-Defendants.

Court of Appeals of Indiana, Second District.

September 13, 1993.

Attorney(s) appearing for the Case

David W. Stone IV, Anderson, for appellants-plaintiffs.

Ronald J. Waicukauski, Michael A. Moffatt, White & Raub, Indianapolis, for appellees-defendants.

SHIELDS, Judge.

The Estate of Michael Martin, Michael's widow, Kathryn, and their children, Kyle and Clinton Martin (collectively referred to as Martin) appeal the trial court's grant of summary judgment in favor of Consolidated Rail Corporation (Conrail) and R.D. Watkins. We affirm in part and reverse in part.

ISSUES

1. Is Martin's negligence claim against Conrail and Watkins preempted by federal law?

2. Has the legislature abrogated...

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