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GOODMAN v. KANSAS DEPT. OF TRANSPORTATION

No. 92,143.

34 Kan.App. 2d 1 (2005)

NORMAN GOODMAN, Appellant, v. STATE OF KANSAS DEPARTMENT OF TRANSPORTATION; E. DEAN CARLSON, SECRETARY OF TRANSPORTATION; and STATE OF KANSAS DEPARTMENT OF TRANSPORTATION, d/b/a KANSAS OPERATION LIFESAVER, Appellees.

Court of Appeals of Kansas.

Opinion filed June 10, 2005.

Attorney(s) appearing for the Case

Norbert C. Marek, Jr., of Myers, Pottroff & Ball, of Manhattan, for appellant.

Vicky S. Johnson, of Kansas Department of Transportation, for appellees.

Before MARQUARDT, P.J., ELLIOTT and GREEN, JJ.

MARQUARDT, J.

Norman Goodman appeals the trial court's grant of summary judgment to the Kansas Department of Transportation (KDOT), E. Dean Carlson, the Secretary of KDOT, and KDOT, d/b/a Kansas Operation Lifesaver. We affirm.

On November 23, 1999, a train owned by Union Pacific struck Goodman's vehicle at a railroad grade crossing located in Brown County. Goodman was injured. On November 15, 2001, Goodman filed a lawsuit alleging that Union Pacific and its...

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