Jessica Frye v. CSX Transp., Inc.

CHAD A. READLER, Circuit Judge.

Tragedy befell thirteen-year-old Shyan Frye. While walking her bicycle over a rail crossing in Huron Township, Michigan, she was struck by an oncoming train. The collision proved fatal.

In the aftermath of this tragedy, Shyan's mother, Plaintiff Jessica Frye, brought suit against Defendants CSX Transportation, Inc., the train's owner; Alan Gallacher, the train's conductor; and Consolidated Rail Corporation, or "Conrail," the owner of the track. The claims against Gallacher were resolved in his favor at summary judgment, and the remaining claims were submitted to…