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TURNER v. NORFOLK SOUTHERN CORP.

No. COA99-399.

526 S.E.2d 666 (2000)

Stevie L. TURNER, Administrator of the Estate of Edna Branch Turner, Stevie L. Turner, Administrator of the Estate of Stevie Larue Turner, Jr., Stevie L. Turner, Individually and as Guardian Ad Litem for Sherrod A. Turner, Stevie L. Turner, Administrator of the Estate of Redell Nelson Turner, Plaintiff, v. NORFOLK SOUTHERN CORPORATION, Norfolk Southern Railway Co., R.C. Churchill, III, J. Wilbert Forbes, Mark Bauman, Glenn Maurer, Tommy D. Queen, B.L. Sykes, L.E. Wetsel, Jr., and Serrmi Services, Inc., Defendants.

Court of Appeals of North Carolina.

March 21, 2000.

Attorney(s) appearing for the Case

Randall, Jervis & Hill, by John C. Randall, Durham, William L. Thorp, Chapel Hill, and E.C. Harris, Durham, for plaintiff-appellant.

Millberg & Gordon, P.L.L.C., by John C. Millberg and Frank J. Gordon, Raleigh; Michaux & Michaux, P.A., by Eric Michaux, Durham; and Smith Helms Mulliss & Moore, L.L.P., by James G. Exum, Jr., Greensboro, and Matthew W. Sawchak, Raleigh, for defendants-appellees Norfolk Southern.

WALKER, Judge.

Plaintiff filed this action on 3 May 1994 alleging defendants' negligence arising out of a collision between an automobile driven by the plaintiff's wife, Edna Turner, and an Amtrak train at the Hopson Road railroad crossing in Durham County. Mrs. Turner and two of their children were killed, and a third child was seriously injured. Plaintiff is the administrator of the estates of his wife and two children and guardian ad litem of the injured child...

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