Jerry Donaldson v. Kansas City Southern Railway

In this diversity action, Jerry Donaldson appeals the adverse summary judgment decision issued by the district court in favor of Kansas City Southern Railway (Southern) as to Donaldson's claim that Southern negligently maintained the roadway at a crossing where its three tracks intersected a state highway.

Viewing the evidence in the light most favorable to Donaldson, we conclude that he established a genuine issue of material fact as to whether Southern negligently maintained the pavement. See W. Heritage Ins. Co. v. Asphalt Wizards , 795 F.3d 832 , 836-37 (8th Cir. 2015) ; Depositors Ins.…