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CONMY v. AMTRAK

No. 4:04-CV-105.

407 F.Supp.2d 868 (2005)

Diane CONMY and Michael B. Reith, Plaintiffs, v. AMTRAK, City of Kalamazoo, John Doe and Lampoon, Inc., Defendants.

United States District Court, W.D. Michigan, Southern Division.

November 22, 2005.

Attorney(s) appearing for the Case

James H. Koning, James H. Koning, P.C., Portage, MI, for Plaintiffs.

Mary C. O'Donnell, Durkin McDonnell Clifton O'Donnell & Moore PC, Detroit, MI, Jon R. Muth, Miller Johnson Snell & Cummiskey PLC, Grand Rapids, MI, for Defendants.

OPINION

QUIST, District Judge.

This case arises out of a fatal collision between a car driven by decedent Erica Reith and an Amtrak passenger train. Plaintiffs Diane Conmy and Michael Reith, co-personal representatives of the estate of Erica Reith, contend that the accident was caused by the failure of a signal light erected at the intersection of a railroad track and a public street where Reith was traveling...

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