Legal Opinion

Garay v. Missouri Pacific Railroad

District Court, D. Kansas

Decided February 13, 1999No. Civil Action 96-1127-WEBPublishedCited by 9 opinions

1Opinion of the Court

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This is a product liability action brought under Kansas law. Plaintiffs allege that the decedent, Nicholas Garay, was killed in an accident involving a defective rail car. The matter is before the court on motions for summary judgment filed by defendant FMC Corporation (“FMC”) (Doc. 73) and by defendants Union Pacific Railroad Company and Missouri Pacific Railroad Company (“the railroads”) (Doc. 75). The court has reviewed the parties’ submissions and the relevant law and is prepared to rule.

I. Facts.

The following facts are undisputed…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  5. Barnett Bank of Marion County, N. A. v. NelsonSupreme Court of the United States · 1996

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3Cited by9 opinions

  1. Dukes v. Sirius Construction, Inc.Montana Supreme Court · 2003
  2. Livingston v. Baxter Health Care Corp.Missouri Court of Appeals · 2010
  3. Hiner v. Deere & Co.District Court, D. Kansas · 2001
  4. Little v. Budd Co.District Court, D. Kansas · 2018
  5. Cearley v. General American Transportation Corp.Court of Appeals for the Eighth Circuit · 1999

4 more not listed; retrieve them via the Exa API.

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