RANKIN v. UNION PACIFIC R. CO.

No. 04-09-00454-CV.

319 S.W.3d 58 (2010)

J.M. RANKIN and the Estate of Doris Stacy Rankin, Appellants, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

March 31, 2010.


Attorney(s) appearing for the Case

Elizabeth Conry Davidson , Attorney at Law, Bryan P. Cartall , The Cartall Law Firm, P.L.L.C., San Antonio, TX, for Appellant.

Robert B. Burns, Jr. , Burns Anderson Jury & Brenner, L.L.P., Austin, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, and STEVEN C. HILBIG, Justice.


OPINION

Opinion by: KAREN ANGELINI, Justice.

J.M. Rankin and the estate of Doris Stacy Rankin (hereinafter referred to collectively as "Rankin") sued Union Pacific Railroad Company for negligence after a pick-up truck driven by Rankin's wife, Doris, was struck by a train. Mrs. Rankin was seriously injured in the collision and died. The trial court granted no-evidence summary judgment against Rankin, dismissing his suit with prejudice. On appeal, Rankin argues...

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