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HALE v. BURLINGTON NORTHERN

No. SD 34483 and SD 34494.

524 S.W.3d 603 (2017)

Amber HALE, f/k/a Amber Koester, Appellant-Cross Respondent, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Respondent-Cross Appellant.

Missouri Court of Appeals, Southern District, Division Two.

FILED: July 31, 2017.

Attorney(s) appearing for the Case

Douglas L. Healey & Penny Speake , Springfield, MO, for appellant-cross respondent.

Laurel E. Stevenson , Springfield, MO, for respondent-cross appellant.

We address, again, the matter of improper not-in-MAI jury instructions.1

Background

Amber Hale was driving alone at night on a familiar road when she struck the side of a train's lead engine at a marked crossing less than a mile from her home. Hale sued, the railroad ("BNSF") obtained...

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