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AYOUB v. NATIONAL R.R. PASSENGER CORP.

No. 94-1919.

76 F.3d 794 (1996)

Abdul AYOUB, Representative of the Estate of Abraham Sleiman Ayoub, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak), a railroad company, The Consolidated Rail Corporation (Conrail), a railroad company, and Dan Uldricks, an individual, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1996.

Attorney(s) appearing for the Case

Edward G. Youmans (argued and briefed), Detroit, MI, for Plaintiff-Appellant.

Gene S. Davis (argued), Mary C. O'Donnell, Rebecca Salminen Witt (briefed), Driggers, Schultz, Herbst & Paterson, Troy, MI, for Defendants-Appellees.

Stanley A. Prokop, Plunkett & Cooney, Detroit, MI, for Defendant.

Before: MERRITT, Chief Judge; BATCHELDER, Circuit Judge; DOWD, District Judge.

DOWD, District Judge.

I. Introduction

This is a diversity negligence action arising out of a car-train accident in Detroit, Michigan, in which the driver of the car, Abraham S. Ayoub, was killed. The parties do not dispute that the accident occurred after Ayoub drove around functioning crossing gates and disregarded flashing warning signals during broad daylight. Ayoub's representative claims that prior signal malfunctions at the crossing conditioned Ayoub...

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