(Download) "Alumbaugh v. Union Pacific Railroad Co." by Eighth Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Alumbaugh v. Union Pacific Railroad Co.
- Author : Eighth Circuit U.S. Court of Appeals
- Release Date : January 07, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Submitted: January 16, 2003 This suit arises out of a motorcycle accident at a railroad crossing. On his way to work, Gerald Alumbaugh drove his motorcycle north along Fairfax Trafficway in Kansas City, Kansas, a route which he customarily took. As he drove over the tracks of the ""Quindaro"" crossing, he was thrown violently from his motorcycle when it twisted beneath him. He attributes the crash to a visible unevenness created in the rail crossing by deterioration of the rubber rail-crossing equipment, which caused a portion of the crossing to sink. He contends that the accident was a direct result of a defect in the surface of the railroad crossing. Union Pacific maintains the railroad crossing at Quindaro and Fairfax Trafficway. It is constructed of component rubber parts manufactured by Goodyear, collectively known as ""Goodyear's Super Cushion rubber railroad crossing pad product."" Goodyear circulated advertising materials and installation and procedures manuals which focused on the advantages of this equipment. As a result of the accident, Mr. Alumbaugh was severely and permanently injured. He brought claims of negligence and negligence per se against Union Pacific, and claims of breach of the duty to warn or furnish written instructions and breach of express warranty against Goodyear. The District Court held, under Missouri's choice-of-law rules, that Kansas law governed the substantive issues in this case and granted summary judgment for both Goodyear and Union Pacific. We affirm with respect to Goodyear and reverse with respect to the negligence claim against Union Pacific.
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