BROWN v. ILLINOIS CENT. R. CO.

No. 11-60654.

705 F.3d 531 (2013)

John L. BROWN, Plaintiff-Appellant v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 28, 2013.


Attorney(s) appearing for the Case

Rogen K. Chhabra, Esq. , Chhabra & Gibbs, P.A., Precious Tyrone Martin, Sr., Esq. , Precious Martin, Sr. & Associates, P.L.L.C., Jackson, MS, Jonathan Peeples Barrett , Pat M. Barrett, Jr. , Don Barrett, P.A., Lexington, MS, for Plaintiff-Appellant.

George Howard Ritter, Esq. , Jeremy Luke Birdsall, Esq. , Wise Carter Child & Caraway, P.A., Jackson, MS, for Defendant-Appellee.

Before HIGGINBOTHAM, ELROD, and HAYNES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

In May 2008, an Amtrak passenger train struck the appellant, John Brown, as he drove his garbage truck across railroad tracks owned and maintained by Illinois Central Railroad Company ("Illinois Central"). Brown sued, claiming that Illinois Central failed to signalize the crossing properly. The district court awarded summary judgment to Illinois Central. We affirm.

I.

On an afternoon, John Brown was driving...

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