Legal Opinion

O'Bannon Ex Rel. O'Bannon v. Union Pacific Railroad

District Court, W.D. Missouri

Decided April 8, 1997No. 96-0075-CV-W-1PublishedCited by 50 opinions

1Opinion of the Court

ORDER

WHIPPLE, District Judge.

Pending before the Court are two motions: (1) Defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 and (2) Plaintiffs’ motion to strike portions of an affidavit included in Defendants’ summary judgment brief pursuant to Federal Rule of Civil Procedure 12(f).

I. Factual Background

This is a wrongful death action arising out of a collision between a vehicle driven by Kevin O’Bannon and an Amtrak passenger train. The action is brought by O’Bannon’s surviving children, father, and mother. O’Bannon was fatally injured on September 23,…

2Cases cited31 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  5. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995

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3Cited by50 opinions

  1. Lora Stuart v. General Motors Corp.Court of Appeals for the Eighth Circuit · 2000
  2. Myers v. Missouri Pacific RailroadSupreme Court of Oklahoma · 2002
  3. Alcorn v. Union Pacific RailroadSupreme Court of Missouri · 2001
  4. Anderson v. Wisconsin Central Transportation Co.District Court, E.D. Wisconsin · 2004
  5. Dedra Shanklin, Individually and as Next Friend of Her Son Jessie Guy Shanklin v. Norfolk Southern Railway Co.Court of Appeals for the Sixth Circuit · 2004

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