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ZIMBOVSKIY v. UNION PACIFIC R. CO.

No. A11-1329.

812 N.W.2d 867 (2012)

Dmitriy ZIMBOVSKIY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Respondent, Soo Line Railroad Company d/b/a Canadian Pacific Railway and a wholly owned subsidiary of Canadian Pacific Railway Limited, et al., Respondents.

Court of Appeals of Minnesota.

March 26, 2012.

Attorney(s) appearing for the Case

Sharon L. Van Dyck , Van Dyck Law Firm, PLLC, St. Louis Park, MN, for appellant.

David A. Donna , Julius W. Gernes , Donna Law Firm, P.C., Minneapolis, MN, for respondent.

Timothy R. Thornton , Jonathan P. Schmidt , Briggs and Morgan, P.A., Minneapolis, MN, for respondents Soo Line Railroad Company, et al.

Considered and decided by CONNOLLY, Presiding Judge; ROSS, Judge; and RANDALL, Judge.

OPINION

CONNOLLY, Judge.

Appellant, the driver of a tractor-trailer that collided with a train, brought this action against the railroad that owned and maintained the tracks and the railroad that operated the train. Both railroads were granted summary judgment by the district court. Appellant challenges those judgments, arguing that the evidence presented to show that some of his claims were preempted by federal law was inadmissible and that the district...

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