Legal Opinion

Kill v. CSX Transportation, Inc.

Ohio Court of Appeals

Decided December 28, 2009No. 1-09-13PublishedCited by 3 opinions

1Opinion of the Court

Rogers, Judge.

{¶ 1} Plaintiff-appellant and cross-appellee, Michael Kill, by and through his legal guardians, Theodore and Celeste Kill, appeals the judgment of the Court of Common Pleas of Allen County granting summary judgment to defendantappellee and cross-appellant, CSX Transportation, Inc. (“CSX”), and dismissing his claim for damages resulting from inadequate signalization at a railroad crossing. On appeal, Kill argues that the trial court erred in dismissing his claim on summary judgment on the grounds that the Federal Railroad Safety Act (“FRSA”), Section 20106, Title 49, U.S.Code,…

2Cases cited25 opinions

  1. Dresher v. BurtOhio Supreme Court · 1996
  2. Seasons Coal Co. v. City of ClevelandOhio Supreme Court · 1984
  3. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  4. Murphy v. City of ReynoldsburgOhio Supreme Court · 1992
  5. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986

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3Cited by3 opinions

  1. Roberts v. RMB Enterprises, Inc.Ohio Court of Appeals · 2011
  2. United Transportation Union, Pennsylvania State Legislative Board v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2013
  3. Kline v. Mortgage Electronic Security SystemsDistrict Court, S.D. Ohio · 2015

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