Heizer v. Cincinnati, New Orleans & Pacific Railway Co.

OPINION

TACKETT, Judge.

Dennis Heizer (hereinafter referred to as “Dennis”), the personal representative of the estate of James Heizer (hereinafter referred to as “James”), appeals from an order entered on April 16, 2003 by the Campbell Circuit Court that granted summary judgment in favor of the appellees, Cincinnati, New Orleans and Pacific Railway Company; CSX Transportation, Inc.; and Norfolk Southern Railway Company (hereinafter referred to as “the Railroads”).

On appeal, Dennis argues that the trial court erred when it found that James, the decedent, possessed actual knowledge that his…