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ROY v. MISSOURI PACIFIC RAILROAD CO.

No. WD 57597.

43 S.W.3d 351 (2001)

George and Shirley ROY, Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, Union Pacific Railroad Company, and Stephen Wheeler, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 27, 2001.

Application to Transfer Denied May 29, 2001.

Attorney(s) appearing for the Case

Andrew J. Gelbach, Warrensburg, for appellant.

Michael B. Buser, Kansas City, for respondent.

Before HOLLIGER, P.J., LOWENSTEIN, and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 27, 2001.

Factual and Procedural Background

NEWTON, Judge.

On June 26, 1993, George Roy was driving his 1986 Ford pickup truck through a railroad grade crossing when a Union Pacific Railroad train struck his truck. Stephen Wheeler, the train engineer, was operating the train at the time of the accident. The train consisted of three locomotives and 113 empty coal cars. Matt Carson...

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