AKIN v. MISSOURI PACIFIC R. CO.

No. 86,632.

977 P.2d 1040 (1999)

1998 OK 102

Mary Jane AKIN, Surviving spouse of John D. Akin, Deceased, Plaintiff-Appellant. v. MISSOURI PACIFIC RAILROAD CO., d/b/a Union Pacific Railroad Co., a foreign corporation, Defendant-Appellee.

Supreme Court of Oklahoma.

Rehearing Denied May 25, 1999.


Attorney(s) appearing for the Case

W.C. "Bill" Sellers, Sr., Sapulpa, James W. Keeley, and Randall A. Gill, Tulsa, for Appellant.

Tom L. Armstrong and Carey Cobb Calvert, Tom L. Armstrong & Associates, Tulsa, for Appellee.


OPALA, J.

¶ 1 The dispositive issues tendered on certiorari are (1) whether the trial court erred in granting defendant's motion for summary disposition of plaintiff's inadequate signalization theory of recovery on the grounds that it was pre-empted by federal law, and if so, (2) whether plaintiff is entitled to an opportunity to present that theory in a new trial. We answer the first question in the affirmative and...

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