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DUGLE EX REL. DUGLE v. NORFOLK SOUTHERN R. CO.

No. 10-6551.

683 F.3d 263 (2012)

Paul DUGLE, by and through his co-legal guardians Michael DUGLE and Brenda Radcliff; Megan Dugle, in her individual capacity, Plaintiffs-Appellants, and Kentucky Association of Counties Workers' Compensation Fund; Kentucky Association of Counties All Lines Fund, Intervenor-Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Glenn A. Cohen , Seiller Waterman LLC, Louisville, Kentucky, for Appellants. Crawford S. McGivaren, Jr. , Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Alabama, for Appellee. ON BRIEF: Glenn A. Cohen , Paul J. Hershberg , Robyn R. Smith , Seiller Waterman LLC, Louisville, Kentucky, Theodore W. Walton , Clay Frederick Adams PLC, Louisville, Kentucky, for Appellants. Crawford S. McGivaren, Jr. , Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Alabama, Kathiejane Oehler , Justin Gilfert , Huddleston Bolen LLP, Louisville, Kentucky, for Appellee.

Before: COLE, GILMAN, and WHITE, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Deputy Sheriff Paul Dugle was severely injured when a train operated by the Norfolk Southern Railway Company (Norfolk) struck the police cruiser that he was driving across a set of railroad tracks in Shelby County, Kentucky. The tracks cross a gravel drive that leads to a county-owned firing range. Dugle and his wife sued Norfolk for negligence in failing to warn of the train's approach to the crossing. The district...

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