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NORFOLK SOUTHERN RY. v. ESTATE OF WAGERS

No. 50A03-0403-CV-110.

833 N.E.2d 93 (2005)

NORFOLK SOUTHERN RAILWAY COMPANY, Appellant-Defendant, v. The ESTATE of Robert G. WAGERS, Sr., Tracy Wagers, Personal Representative, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 25, 2005.

Attorney(s) appearing for the Case

John C. Duffey, Barry L. Loftus, Stuart & Branigin LLP, Lafayette, IN, Attorneys for Appellant.

Thomas J. Joyce, III, Hannon & Joyce, Philadelphia, PA, John D. Ulmer, Yoder, Ainlay, Ulmer & Buckingham, Goshen, IN, Attorneys for Appellee.

OPINION

KIRSCH, Chief Judge.

Norfolk Southern Railway Company ("Norfolk") appeals the trial court's denial of its motion to strike and its motion for summary judgment in the suit brought against it by The Estate of Robert G. Wagers, Sr., Tracy Wagers, Personal Representative ("the Estate"), raising the following issues for review:

I. Whether the trial court should have stricken the testimony of the Estate's expert witness on causation, Dr. David...

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