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MOORE v. UNION PACIFIC R.R.

No. 14445-3-III.

920 P.2d 616 (1996)

83 Wash.App. 112

William J. MOORE, Appellant, v. UNION PACIFIC RAILROAD, Respondent, Gary Wagner, Linda Wagner, and Stacy Wagner, Defendants.

Court of Appeals of Washington, Division 3. Panel Four.

August 13, 1996.

Attorney(s) appearing for the Case

Brian L. Meck, Spokane, Frederic A. Bremseth, Thomas W. Geng, Doshan & Bremseth, Wayzata, MN, for Appellant.

William J. Schroeder, John A. Manix, Paine, Hamblen, Coffin & Brooke, Spokane, Christina K. Boyer, Omaha, NE, for Respondent.

SCHULTHEIS, Judge.

William Moore was riding in a Union Pacific Railroad van that was hit head on by an out-of-control car. He sued Union Pacific and the other car's driver for negligence. Union Pacific's motion for summary judgment dismissal was granted and Mr. Moore appeals, contending there are issues of material fact regarding (1) the breach of Union Pacific's duty to avoid the collision and (2) the cause of his injuries. We reverse and remand for trial.

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