RANDALL v. NORFOLK SOUTHERN RY. CO.

No. 18A02-0305-CV-421.

800 N.E.2d 951 (2003)

Richard A. RANDALL, and Virginia Randall, Appellants-Plaintiffs, v. NORFOLK SOUTHERN RAILWAY CO., and Doug Wylie, Appellees-Defendants.

Court of Appeals of Indiana.

Transfer Denied March 25, 2004.


Attorney(s) appearing for the Case

Daniel J. Harrigan, Bayliff Harrigan Cord & Maugans, Kokomo, IN, Bruce N. Munson, Muncie, IN, Attorneys for Appellants.

David A. Locke, John C. Duffey, Stuart & Branigin, LLP, Lafayette, IN, Attorneys for Appellees.


OPINION

FRIEDLANDER, Judge.

This case involves a daytime grade-crossing collision at the intersection of Norfolk Southern Railway Co.'s single mainline track and McGalliard Road in Muncie, Indiana. Richard and Virginia Randall (referred to collectively as Randall) appeal the trial court's grant of summary judgment in favor of Norfolk Southern Railway Co. and Norfolk's engineer, Doug Wylie, (referred to collectively as the Railroad) on Randall's negligence...

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