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CSX TRANSP., INC. v. KIRBY

No. 84A04-9608-CV-324.

687 N.E.2d 611 (1997)

CSX TRANSPORTATION, INC., Appellant-Defendant, v. Teddie Christine KIRBY and Randall R. Kirby, Individually and on behalf of minor children: Amanda Marie Kirby, Brent Enos Kirby, Jessica Marshall and Michael Ray Marshall, Appellees-Plaintiffs.

Court of Appeals of Indiana.

November 25, 1997.

Attorney(s) appearing for the Case

James D. Witchger, Robert A. Durham, Rocap, Witchger & Threlkeld, Indianapolis, for Appellant-Defendant.

Carl Paul Lamb, Carl Lamb and Associates, Bloomington, for Appellees-Plaintiffs.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

CSX Transportation, Inc. appeals the judgment in favor of Randy Kirby and Teddie (Kirby) Long, individually and on behalf of their minor children, (collectively "the Kirbys"), in their negligence action against CSX. We affirm.

ISSUES

1. Whether the trial court erred in denying CSX's summary judgment motion.

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