Barriga v. Arkansas & Missouri Railroad

I would reverse and remand for trial in this case because appel-lee, as the moving party in the summary judgment proceeding, failed to carry its burden to sustain its motion. There are disputed facts regarding whether appellee had a standard of care applicable to this case and the degree of appellant’s fault relative to appellee’s fault. There also exist different hypotheses concerning undisputed facts, namely the significance of the parked boxcars in relation to appellee’s potential standard of care and appellant’s own degree of fault. Reasonable minds can differ on these issues. In my…