THIELE v. NORFOLK & WESTERN RY. CO.

No. 95-1083.

68 F.3d 179 (1995)

Linda THIELE, Guardian of the Person and Estate of Craig Thiele, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 1995.


Attorney(s) appearing for the Case

Robert A. Clifford, Chicago, IL, Philip H. Corboy, David C. Wise (argued), David C. Wise, J.M. Dudley, Robert J. Bingle, Corboy & Demetrio, Chicago, IL, G. Stanley Hood, Roby & Hood, Fort Wayne, IN, for Plaintiff-Appellant.

John C. Duffey (argued), Russell H. Hart, A. James Chareq, Stuart & Branigin, Lafayette, IN, for Defendant-Appellee.

Before BAUER, MANION, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Craig Thiele was severely injured when a Norfolk & Western freight train collided with his car at a railroad crossing in Yoder, Indiana. Thiele's guardian sued the railroad, alleging that it had been negligent in failing to install adequate warning devices at the crossing and in placing a signal control box near the tracks. The district court granted summary judgment against Thiele, finding that his...

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