FRAZIER v. BNSF CORP.

Nos. A09-2212, A09-2213, A09-2214, A09-2215.

788 N.W.2d 770 (2010)

Michael D. FRAZIER, as Trustee for the Next-of-Kin of Brian L. Frazier, deceased, Respondent (A09-2212), Harry James Rhoades, Sr., as Trustee for the Next-of-Kin of Harry James Rhoades, Jr., deceased, Respondent (A09-2213), Denise Renee Shannon, as Trustee for the Next-of-Kin of Bridgette Marie Shannon, deceased, Respondent (A09-2214), Elizabeth Chase, as Trustee for the Next-of-Kin of Corey Everett Chase, deceased, Respondent (A09-2215), v. BURLINGTON NORTHERN SANTA FE CORPORATION, et al., Appellants, Richard P. Wright, as Special Administrator of the Estate of Corey E. Chase, deceased, Respondent (A09-2212), Cristy Y. Frazier, as Special Administrator for the Estate of Brian Frazier, deceased, Respondent (A09-2213, A09-2214, A09-2215), and BNSF Railway Company, third party plaintiff, Appellant (A09-2213, A09-2214, A09-2215), v. Richard P. Wright, as Special Administrator for the Estate of Corey Everett Chase, deceased, third party defendant, Respondent (A09-2213, A09-2214, A09-2215).

Court of Appeals of Minnesota.

September 14, 2010.


Attorney(s) appearing for the Case

Robert L. Pottroff (pro hac vice), Pottroff Law Office, P.A., Manhatttan, KS; and Mark R. Bradford , Patrick J. Sauter , Bassford Remele, P.A., Minneapolis, MN, for respondents, Michael Frazier and Cristy Frazier.

William O. Bongard , Sieben, Grose, Von Holtum & Carey, Ltd., Minneapolis, MN, for respondent, Harry James Rhoades Sr.

Allan F. Shapiro , Finn Shapiro, St. Louis Park, MN, for respondent, Denise Renee Shannon.

Sharon L. Van Dyck , St. Louis Park, MN; and Paul E. Godlewski , Schwebel, Goetz & Sieben, Minneapolis, MN, for respondent, Elizabeth Chase.

Timothy R. Thornton , Sam Hanson, Jonathan P. Schmidt , Tara Reese Duginske , Briggs & Morgan, P.A., Minneapolis, MN, for appellants.

Burke J. Ellingson , Brendel & Zinn , Lake Elmo, MN, for respondent, Richard Wright.

Considered and decided by KALITOWSKI, Presiding Judge; MINGE, Judge; and COLLINS, Judge.


OPINION

COLLINS, Judge.*

Respondents, the trustees for the next of kin of four individuals killed when a train collided with their car, brought these actions against appellants, the company that owned and operated the train and its parent corporation. The actions were consolidated and the trial was bifurcated. At the close of evidence in the liability trial, appellants moved for judgment as a matter of law (JMOL) on the ground...

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