Gonzales v. Denver & Rio Grande Western Railroad

ENOCH, Chief Judge.

In this wrongful death action, the plaintiff, Bertha Gonzales, appeals the trial court’s entry of summary judgment in favor of defendant, Denver and Rio Grande Western Railroad Company. We affirm.

On September 17, 1978, a train and car collision occurred in which the driver of the car, Fidel Gonzales, was killed. On September 8, 1980, plaintiff, wife of the decedent, filed a wrongful death action in the U.S. District Court of Colorado. Defendant moved for dismissal of this action on the basis of lack of federal subject matter jurisdiction. Plaintiff, on October 7, 1980,…