CALHOUN v. CSX TRANSP., INC.

No. 2009-SC-000100-DG.

331 S.W.3d 236 (2011)

Mary Jane CALHOUN, et al., Appellants, v. CSX TRANSPORTATION, INC., et al., Appellees.

Supreme Court of Kentucky.

January 20, 2011.


Attorney(s) appearing for the Case

Kevin B. Sciantarelli , Bubalo, Hiestand & Rotman, PLC, Louisville, KY, Christopher W. Goode , Bubalo, Hiestand & Rotman, PLC, Lexington, KY, Counsel for Appellant.

David R. Monohan , James Thomas Blaine Lewis , Dinsmore & Shohl, LLP, Louisville, KY, Evan M. Tager , Melanie W. Rughani , Mayer Brown , Washington, D.C., Counsel for Appellee.


Opinion of the Court by Justice SCOTT.

I. Introduction

This is an appeal from a summary judgment order, entered by the Bullitt Circuit Court and affirmed by the Court of Appeals, in favor of Appellees, CSX Transportation, Inc., and one of its engineers. Appellants, Mary and Jesse Calhoun, contend that summary judgment was not appropriate. We accepted discretionary review to consider Appellants' contentions and for the reasons stated...

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