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PEARSON v. COLUMBUS AND GREENVILLE RY.

No. 96-CA-00984COA.

737 So.2d 390 (1998)

Bernice PEARSON, Appellant, v. COLUMBUS AND GREENVILLE RAILWAY COMPANY, A Mississippi Corporation, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 9, 1999.

Attorney(s) appearing for the Case

Pat M. Barrett Jr., Lexington, for Appellant.

W. Dean Belk, Indianola, for Appellee.

Before BRIDGES, C.J., and DIAZ and SOUTHWICK, JJ.

SOUTHWICK, J., for the Court:

¶ 1. This is the second appeal in a personal injury suit brought by Bernice Pearson against the Columbus & Greenville Railway. The suit arose from a 1991 grade crossing accident in which Mrs. Pearson ran into a freight car that was part of a stopped train owned and operated by the Railway. Summary judgment was granted to the Railway in 1993, based on federal preemption of all claims. In the first appeal, though agreeing that...

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