McEwen v. Burlington Northern Railroad

OPINION

KALITOWSKI, Judge.

Appellant Maxine L. McEwen, as trustee for the heirs of Ruth Lysford, challenges the trial court’s decision that her claims against respondent State of Minnesota in this wrongful death action are barred by statutory and discretionary immunity pursuant to Minn.Stat. §§ 219.402 and 3.736, subd. 3(b) (Supp.1985).

FACTS

On the afternoon of July 5, 1986, an automobile driven by Hjalmer Lysford with *315Ruth Lysford as a passenger collided with a train at a grade crossing on Trunk Highway 32 in Dugdale. Mr. and Mrs. Lysford died as a result of injuries caused by the collision.

The…