James Ex Rel. James v. Burlington Northern, Inc.

HARRIS, Justice.

This is an appeal and cross-appeal from a modest tort recovery for loss of consortium arising from serious injuries incurred in an automobile-train collision. The assignments are varied and complex, but many will be passed because the case must be controlled by a directed verdict for the defendant railroad.

Plaintiff Jon T. James suffered the injuries when the car he was driving was struck by a Burlington Northern, Inc. freight train at a crossing near his home in Avery, Iowa. James remembers nothing of the accident, but testified he regularly used the crossing on his way to…