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PADDOCK v. TUSCOLA & S.B.R. CO.

Docket No. 192854.

571 N.W.2d 564 (1997)

225 Mich. App. 526

Barbara Lovell PADDOCK, Personal Representative of the Estate of Brian Gregory Paddock, Plaintiff-Appellant, v. TUSCOLA & SAGINAW BAY RAILWAY COMPANY, INC., Raymond Robinson, Larry McCloud, Wexford County Board of County Road Commissioners, and Patrick McCormick, Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 26, 1997, at 9:05 a.m.

Released for Publication December 23, 1997.

Attorney(s) appearing for the Case

Dingeman, Dancer & Christopherson, P.L.C. by James A. Christopherson, Traverse City, for Barbara L. Paddock.

Hackett, Maxwell & Phillips, P.L.L.C. by Phillip B. Maxwell and Mark T. Butler, Pontiac, for Tuscola & Saginaw Bay Railway Corporation, Inc., Larry McCloud and Raymond J. Roninson.

Highland & Zanetti, P.C. by John N. Highland, Southfield, for Wexford County Board of Road Commissioners and Patrick McCormick.

Before FITZGERALD, P.J., and MacKENZIE and TAYLOR, JJ.

PER CURIAM.

Plaintiff appeals as of right from an order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7), (8), and (10). We affirm.

Plaintiff's decedent was killed when the car he was driving was struck by a train operated by defendant Tuscola & Saginaw Bay Railway Company, Inc., at a railroad crossing on County Road 14 in Wexford County, a highway over which defendant Wexford County Board of County Road Commissioners had...

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