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SALIBA v. UNION PACIFIC R.R. CO.

No. 77,636.

264 Kan. 128 (1998)

955 P.2d 1189

SAM SALIBA, Appellant, v. UNION PACIFIC RAILROAD COMPANY, DONALD W. JETER, RONALD R. SHERLAK, and EDWARD W. MARKS, Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1998.

Attorney(s) appearing for the Case

Terry L. Pullman, of Pullman & Warner Law Group, P.A., of Wichita, argued the cause and was on the brief for appellant.

Ronald W. Fairchild, of Porter, Fairchild & Haney, P.A., of Topeka, argued the cause, and James P. Kenner, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

Plaintiff filed a personal injury action against a railroad and three railroad employees to recover for injuries received when the vehicle plaintiff was driving collided with a train at a railroad crossing. The district court granted the railroad's motion for summary judgment, finding that, under the circumstances, the railroad crossing was not unusually dangerous...

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