ON WRIT OF CERTIORARI
RANDOLPH, Justice, for the Court.
¶ 1. Following a fatal collision at a railroad crossing between the tractor-trailer driven by Thomas D. Kilhullen ("Thomas") and a train owned by Kansas City Southern Railway Company ("Kansas City Southern"), Thomas's widow, Gigi Kilhullen ("Kilhullen"), filed a wrongful-death suit against Kansas City Southern and the train's engineer, Robert W. Lay, in the
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