KILL v. CSX TRANSP.

No. 1-09-13.

185 Ohio App.3d 291 (2009)

2009-Ohio-6871

KILL, Appellant and Cross-Appellee, v. CSX TRANSPORTATION, INC., Appellee and Cross-Appellant. Allen County Board of Commissioners et al., Appellees.

Court of Appeals of Ohio, Third District, Allen County.

Decided December 28, 2009.


Attorney(s) appearing for the Case

Henry W. Chamberlain and Paul W. Flowers, for appellant and cross-appellee.

R. Leland Evans, for appellee and cross-appellant.


ROGERS, Judge.

{¶ 1} Plaintiff-appellant and cross-appellee, Michael Kill, by and through his legal guardians, Theodore and Celeste Kill, appeals the judgment of the Court of Common Pleas of Allen County granting summary judgment to defendant-appellee and cross-appellant, CSX Transportation, Inc. ("CSX"), and dismissing his claim for damages resulting from inadequate signalization at a railroad crossing. On appeal, Kill argues that the trial court...

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