Knoerzer v. Csx Transp., Inc., 1-07-78 (6-30-2008)

OPINION

{¶ 1} Plaintiff-Appellant Cari Knoerzer ("Cari"), as Administrator of the Estate of Steven D. Knoerzer ("Steven"), deceased, appeals from the October 16, 2007 Judgment Entry of the Court of Common Pleas, Allen County, Ohio granting summary judgment in favor of Defendants-Appellees ("Appellees") CSX Transportation, Inc. ("CSX"), Jack Moderwell ("Moderwell"), and Ralph Sickles ("Sickles").

{¶ 2} This matter stems from a fatal car/train accident which occurred on December 17, 2003 at the intersection of the CSX Railroad crossing and North Thayer Road, located in Bath Township, Allen…