WRIGHT BY AND THROUGH WRIGHT v. ILLINOIS CENTRAL R. CO.

Civ. A. Nos. 3:92-CV-800BN, 3:93-CV-207BC.

868 F.Supp. 183 (1994)

Trevis Jerel WRIGHT, A Minor, By and Through Dewayne WRIGHT, Father and Next Friend, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, and National Railroad Passenger Corporation, d/b/a AMTRAK, Defendants. The ESTATE OF Uneka Johnson WRIGHT, Deceased, By and Through Alma M. JOHNSON, Administratrix, and on Behalf of The Wrongful Death Beneficiaries, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, National Railroad Passenger Corp. (AMTRAK), Don Crimmin, Mid-South Auction, Inc., and the Philly Group, Inc., Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

November 21, 1994.


Attorney(s) appearing for the Case

Davey L. Tucker, Davey L. Tucker, Halbert E. Dockins, Jr., Halbert E. Dockins, Jr., Jackson, MS, for Dewayne Wright.

Thomas R. Frazer, II, Lanston Frazer Dockins & Sweet, Halbert E. Dockins, Jr., Halbert E. Dockins, Jr., Jackson, MS, for Alma M. Johnson.

Charles T. Ozier, George H. Ritter, John W. Robinson, III, Wise, Carter, Child & Caraway, Jackson, MS, for Illinois Central R. Co. and Nat. R.R. Passenger Corp.

Charles Greg Copeland, Gregory L. Kennedy, Copeland, Cook, Taylor & Bush, Jackson, MS, for The Philly Group, Inc.

Edward J. Currie, Jr., Currie, Johnson, Griffin, Gaines & Myers, Jackson, MS, for Mid-South Auction, Inc.

Charles T. Ozier, Wise, Carter, Child & Caraway, Jackson, MS, for Don Crimmin, AMTRAK.


OPINION AND ORDER

BARBOUR, Chief Judge.

Before the Court is the Motion of Defendants Illinois Central Railroad Company ("ICRR"), National Railroad Passenger Corporation ("AMTRAK"), and Don Crimmin ("Crimmin," an engineer for AMTRAK) for Partial Summary Judgment [105-1]. Defendants claim they are entitled to summary judgment on all of Plaintiffs' claims based on excessive train speed. Plaintiffs have responded. The Court, having considered the

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