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LIBEL v. UNION PACIFIC RAILROAD

No. 92,696.

33 Kan.App. 2d 853 (2005)

109 P.3d 730

VIRGINIA LIBEL, Plaintiff/Appellant, v. UNION PACIFIC RAILROAD and LARRY SCHMIDT, Defendants, and SOUTHWEST RAIL INDUSTRIES, Defendant/Appellee.

Court of Appeals of Kansas.

Petition for review denied September 22, 2005.

Attorney(s) appearing for the Case

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

Kevin M. McMaster and Scott E. Sanders, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellee.

Before MARQUARDT, P.J., McANANY, J., and BRAZIL, S.J.

Petition for review denied 280 Kan. ___ (September 22, 2005).

McANANY, J.:

Virginia Libel, who suffered personal injuries when her automobile struck a Southwest Rail Industries (Southwest) railroad car at a crossing, appeals the trial court's summary judgment ruling in favor of Southwest. Because Southwest had no common-law duty to warn Libel, we affirm.

The accident happened while Southwest's railroad car was stopped on the tracks at a railroad grade...

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