Burkholder v. Lenawee County Road Commission

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

ROSEN, District Judge.

I. INTRODUCTION

Plaintiff Wendy Burkholder brought this action on May 19, 1994, seeking to recover for injuries she suffered when a pickup truck in which she was a passenger collided with a Norfolk & Southern train. In addition, her husband, eo-Plaintiff Jeff Burkholder, has asserted a loss-of-consortium claim based on his wife’s injuries.1 Plaintiff alleges that Defendant Lenawee County Road Commission2. breached its duty to her by failing to place and maintain adequate warning devices at *423and leading up to…