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THIRKILL v. J.B. HUNT TRANSPORT, INC.

Civil Action No. 95-G-1201-S.

950 F.Supp. 1105 (1996)

George E. THIRKILL and wife, Mary B. Thirkill, Plaintiffs, v. J.B. HUNT TRANSPORT, INC.; a corporation; Norfolk Southern Railway Company, a corporation, Defendants.

United States District Court, N.D. Alabama, Southern Division.

August 14, 1996.

Attorney(s) appearing for the Case

Frank O. Burge, Jr., Burge & Wettermark, Birmingham, AL, for plaintiff.

Christopher S. Rodgers, Huie, Fernambueq & Stewart, Birmingham, AL, for defendant J.B. Hunt.

Crawford S. McGivaren, Jr. and Steve Alan Tucker, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, for defendant Norfolk Southern.

MEMORANDUM OPINION

GUIN, District Judge.

At about 7:40 p.m. on Tuesday, May 25, 1993, a train/tractor trailer truck accident took place at the intersection of Lawrence County Road 270 and Norfolk Southern Railway Company's [hereinafter Norfolk] mainline track from Sheffield to Chattanooga.1 According to plaintiff George Thirkill, a trainee engineer at the time, the train was travelling within the speed limit at a speed...

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