Martin Ex Rel. Martin v. Union Pacific Railroad

Opinion by

Judge WEBB.

This Premises Liability Act, $ 18-21-115, C.R.8.2007 (the Act), case arises from a collision between a train and a car at a grade crossing. Defendants, Union Pacific Railroad Company (Union Pacific) and Dannie Dolan, the engineer, appeal the judgment entered on a jury verdict in favor of plaintiffs, David and Rebecca Martin, parents and next friends of Maureen Martin (Martin), the driver of the car. Plaintiffs cross-appeal the trial court's order declining to increase the exemplary damages awarded by the jury. We affirm the judgment, affirm the order in part and reverse…