Benjamin v. Atchison, Topeka and Santa Fe Railway Co.

This is a wrongful death case arising from a collision between a van and a stationary train. The van was subsequently struck by another train, which was on an adjacent track. The defendants were granted summary judgment. We affirm.

On December 14, 1985, Russell Benjamin was killed when his van collided with a train in Galesburg. He was driving in a northerly direction on his way home from a tavern at about 2 a.m. Intersecting the road was the railroad crossing of defendant Atchison, Topeka, & Santa Fe Railway Co. (Santa Fe). The crossing consisted of five sets of tracks, including two…