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WERMERSKIRCHEN v. CANADIAN NAT. RAILROAD

No. 18-2039.

955 N.W.2d 822 (2021)

Richard J. WERMERSKIRCHEN and Carol M. Wermerskirchen, Appellants, v. CANADIAN NATIONAL RAILROAD, a/k/a CN, a/k/a CN Railway, Chicago, Central & Pacific Railroad Company, a/k/a CCP, Illinois Central Railroad Company, Tim Dorsey, and Josh Vokem, Appellees.

Supreme Court of Iowa.

Filed March 5, 2021.

Attorney(s) appearing for the Case

Jordan M. Talsma (argued), and John R. Walker, Jr. , of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C., Waterloo, for appellants.

R. Todd Gaffney (argued) and Kellen B. Bubach of Finley Law Firm, P.C., Des Moines, for appellees.

Mansfield, J., delivered the opinion of the court, in which Waterman, McDonald, Oxley, and McDermott, JJ., joined. Appel, J., filed an opinion concurring in part and dissenting in part. Christensen, C.J., took no part in the consideration or decision of the case.

This case involves a collision between a freight train and a road grader on a foggy Iowa winter morning. It is jarring to watch the locomotive's video of the accident. Suddenly, about six seconds before the crash, the road grader comes into sight approaching the tracks. The grader keeps moving forward continuously without stopping...

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