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SHOTS v. CSX TRANSP., INC.

No. 94-1290.

38 F.3d 304 (1994)

Jason M. SHOTS, Plaintiff-Appellee, v. CSX TRANSPORTATION, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 13, 1994.

Attorney(s) appearing for the Case

David V. Scott, New Albany, IN (argued), for Jason M. Shots.

Victor L. Frost, II, Bruce A. Hugon (argued), Frost & Hugon, Indianapolis, IN, for CSX Transp., Inc.

William A. Brasher, Brasher Law Firm, St. Louis, MO, Stephen A. Trimble, Hamilton & Hamilton, Washington, DC, for Association of American Railroads, amicus curiae.

David W. Stone, IV, Anderson, IN, Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, Kokomo, IN, for Association of Trial Lawyers of America, amicus curiae.

Before POSNER, Chief Judge, and WELLFORD and EASTERBROOK, Circuit Judges.

POSNER, Circuit Judge.

Jason Shots was injured when the car he was driving collided with a train operated by CSX at a grade crossing in Indiana in 1989. The crossing was equipped only with reflectorized cross-bucks—the familiar warning sign with two crossed arms implanted with plastic disks that reflect a vehicle's head-lights at night. Shots brought a diversity tort suit against CSX, charging that the railroad had been negligent in failing to make the crossing...

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