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GRIFFIN v. KANSAS CITY SOUTHERN RY. CO.

Nos. WD 53149, WD 53172.

965 S.W.2d 458 (1998)

Mark GRIFFIN, Respondent, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied April 28, 1998.

As Modified April 28, 1998.

Attorney(s) appearing for the Case

Harlan D. Burkhead, Jeffrey P. Ray, Lathrop & Gage, Kansas City, for appellant.

Ronald J. Stites, William C. Hopkins, Connie M. Francis, Stites, Hopkins, Fair & Riederer, Kansas City, for respondent.

Before ELLIS, P.J., and LAURA DENVIR STITH and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 28, 1998.

ELLIS, Presiding Judge.

On March 12, 1993, at approximately 6:20 p.m., Jerry Griffin was driving west across the Walnut Street grade railroad crossing in Amsterdam, Missouri, when his automobile was struck by a south-bound freight train operated by the Kansas City Southern Railway Company ("KCS"). Griffin died as a result of this accident. Subsequently, Jerry Griffin's five adult...

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