Whitaker v. BURLINGTON NORTHERN. INC.

Plaintiff Kermit L. Whitaker was the owner of a truck tractor and plaintiff American Colloid Carrier Corporation owned a trailer and the cargo loaded on that trailer. On March 8,1981, Whitaker’s tractor, being driven by Whitaker’s employee, was pulling the corporation’s trailer and cargo. The tractor-trailer rig was in collision with a train owned by defendant Burlington Northern, Inc., and being operated by BN’s employee, defendant Joel D. Schaffer. Since the interests of the two named plaintiffs are treated by the parties as identical for the purposes of this lawsuit, they will be referred…