Legal Opinion
Akin v. Missouri Pacific Railroad
Supreme Court of Oklahoma
Decided October 13, 1998No. 86,632PublishedCited by 116 opinions
1Opinion of the CourtOpala, J.
¶ 1 The dispositive issues tendered on certiorari are (1) whether the trial court erred in granting defendant’s motion for summary disposition of plaintiffs inadequate signalization theory of recovery on the grounds that it was pre-empted by federal law, and if so, (2) whether plaintiff is entitled
to an opportunity to present that theory in a new trial. We answer the first question in the affirmative and the second in the negative.
I
ANATOMY OF LITIGATION
¶2 In the early morning hours of July 15, 1991, John D. Akin was traveling westbound in his pickup truck along Main StreeVHighway 28 in Adair,…
2Cases cited75 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Lockhart v. FretwellSupreme Court of the United States · 1993
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Steffel v. ThompsonSupreme Court of the United States · 1974
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3Cited by116 opinions
- Manley v. BrownSupreme Court of Oklahoma · 1999
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- May v. Mid-Century Insurance Co.Supreme Court of Oklahoma · 2006
- Copeland v. Lodge Enterprises, Inc.Supreme Court of Oklahoma · 2000
- State Ex Rel. Protective Health Services State Department of Health v. VaughnSupreme Court of Oklahoma · 2009
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