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LESSERT v. BNSF RY. CO.

CIV. 17-5030-JLV.

476 F.Supp.3d 926 (2020)

Gerald LESSERT, Special Administrator of the Estate of Richard Claymore Lessert, Deceased; and Richard Claymore Lessert, Plaintiffs, v. BNSF RAILWAY COMPANY, a Corporation, Defendant.

United States District Court, D. South Dakota, Western Division.

Signed August 5, 2020.

Attorney(s) appearing for the Case

Charles T. Abourezk, Jon J. LaFleur, Abourezk, Zephier & LaFleur, P.C., Rapid City, SD, Christopher H. Leach, Pro Hac Vice, Hubbell Law Firm, LLC, Scott S. Bethune, Pro Hac Vice, Travis W. Shumate, Pro Hac Vice, Davis, Bethune & Jones, LLC, Kansas City, MO, for Plaintiffs.

Jeffery D. Collins, Cassidy M. Stalley, Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, SD, Caleena S. Braig, Pro Hac Vice, Chad M. Knight, Pro Hac Vice, Knight Nicastro MacKay, LLC, Boulder, CO, for Defendant.

ORDER

INTRODUCTION

A train operated by defendant BNSF Railway Company struck and killed Richard Lessert on January 17, 2017, near Edgemont, South Dakota.1 Plaintiff Gerald Lessert, as the special administrator...

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