A Missouri woman’s personal injury case against Kansas City Southern Railway Co. was wrongly dismissed based solely on her own negligence, a Missouri Court of Appeals ruled Sept. 12 (Beal v. Kan. City Southern Ry. Co., 2017 BL 319177, Mo. Ct. App. W.D., No. WD79730, 9/12/17).
The railroad wasn’t entitled to summary judgment because its alleged negligence also must be considered in the case brought by Teresa Beal, the three-judge panel said.
Beal was injured when an oncoming train struck her car at a crossing in Higbee, Mo., according to the decision.
The railroad didn’t clear visual obstructions ...
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