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DAMRON v. CSX TRANSP., INC.

No. 23025.

184 Ohio App.3d 183 (2009)

2009-Ohio-3638

DAMRON et al., Appellants and Cross-Appellees, v. CSX TRANSPORTATION, INC. et al., Appellee and Cross-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided July 24, 2009.

Attorney(s) appearing for the Case

Mark R. Baran, Donald J. Kral, and John A. Smalley, for appellants and cross-appellees.

Robert M. Anspach and James R. Carnes, for appellee and cross-appellant.

GRADY, Judge.

{¶ 1} On January 5, 2004, a collision occurred between a vehicle occupied by Courtney Damron and Craig Hensley and a train owned and operated by CSX Transportation, Inc. ("CSX"), at or near a road/rail crossing in Miamisburg. Damron and Hensley were killed. Personal representatives for Damron and Hensley subsequently commenced an action against CSX on claims for relief for wrongful death and survivorship (the "Damron/Hensley" litigation...

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