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ALCORN v. UNION PACIFIC R.R. CO.

No. SC 82325.

50 S.W.3d 226 (2001)

Kimberly R. ALCORN, Respondent, v. UNION PACIFIC RAILROAD COMPANY and National Railroad Passenger Corporation, d/b/a Amtrak, Appellants, Curtis Edwards, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 24, 2001.

Attorney(s) appearing for the Case

Thomas B. Weaver, Theidore J. Williams, Jr., Jeffrey T. McPherson, Heather L. Reinsch, Dan H. Ball, James W. Erwin, David A. Dick, Thompson Coburn, LLP, St. Louis, for appellants.

Grant L. Davis, Thomas C, Jones, Scott S. Bethune, Timothy L. Brake, John S. Rollins, Robert H. Houske, Kansas City, Edward D. Robertson, Jr., Anthony L. Dewitt, Jefferson City, for respondents.

William A. Brasher, St. Louis, Louis P. Warchot, Daniel Saphire, Washington, D.C., amicus curiae Association of American Railroads.

Robert L, Pottroff, Norbert C. Marek, Jr., Manhattan, Mark E. Parrish, Independence, amicus curiae Railwatch and National Railroad Safety Coalition, Inc.

WOLFF, Judge.

Introduction

Kimberly R. Alcorn was a passenger in a car driven by Curtis Edwards, which was hit by an Amtrak train at a railroad crossing on a county road south of Highway 50 between Warrensburg and Sedalia, Missouri. Union Pacific Railroad owned the tracks and crossing. Alcorn suffered serious, permanent injuries and sued Union Pacific Railroad, Amtrak,1 Edwards, and the engineer operating the train...

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