Ranburger v. Southern Pacific Transportation Co.

OPINION

HATHAWAY, Chief Judge.

This is a wrongful death action commenced by appellee, on behalf of herself and her two minor children, as a result of an accident which occurred at a railroad crossing, and in which her husband, Stephen, was fatally injured. Appellant contests the jury’s verdict in favor of appellee and the trial court’s denial of its motion for judgment notwithstanding the verdict on punitive damages.

At approximately 12:28 a.m. on December 21, 1980, Stephen Ranburger was driving his automobile north on South 36th Street in Phoenix when it collided with a westbound Amtrak…