HAYES v. UNION PACIFIC R. CO.

No. 31764.

141 P.3d 1073 (2006)

Jean Wheeler HAYES, individually and on behalf of the Estate of Melvin Lee Hayes, deceased; Colin Hayes and Marcy Moad, Plaintiffs-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, May 2006 Term.

July 28, 2006.


Attorney(s) appearing for the Case

Cooper & Larsen, Chtd., Pocatello, for appellants. M. Anthony Sasser argued.

Kent W. Hansen, Salt Lake City, Utah, for respondent.


TROUT, Justice.

This case involves a wrongful death action following a collision between an automobile driven by the decedent, Melvin Hayes (Hayes), and a Union Pacific Railroad (UPR) train. Appellants Jean Hayes, the surviving spouse, and Colin Hayes and Marcy Road, the surviving children (collectively the Hayes family), appeal from a district court decision granting summary judgment in favor of UPR.

I.

FACTUAL AND PROCEDURAL BACKGROUND

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