Estate of Strandberg Ex Rel. Strandberg v. Chicago, Central & Pacific Railroad

ORDER

JARVEY, United States Magistrate Judge.

This matter comes before the court pursuant to the defendant’s December 10, 2002 motion for summary judgment (docket number 12). The parties have consented to the exercise jurisdiction by a United Stated Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons set forth below, the motion is granted in part and denied in part.

This action arose out of a collision between a pick-up truck and a train, resulting in the death of the driver of the truck. In this case, the plaintiff, Estate of Brent-ley James Strandberg, deceased, by his…