United States Tenth Circuit

In a negligence suit brought against a railroad by another railroad's conductor, who injured his neck and back by turning his body in response to a truck horn while lifting a railroad crossing gate, summary judgment for defendant is affirmed where the railroad company did not have a common law duty to protect plaintiff from injury under the circumstances.

Appellate Information

• Decided 07/03/2007
• Published 07/05/2007

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Charles W. Armbruster III, Michael T. Blotevogel, Gail G. Renshsaw, Wood River, IL, and Robert Mitchell, Oklahoma City, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• Juliet N. Brennan, A. Camp Bonds, Jr., Muskogee, OK, for Defendant-Appellee.