Legal Opinion

Fifth Third Bank Ex Rel. Trust Officer v. CSX Corp. Ex Rel. Board of Commissioners

Court of Appeals for the Seventh Circuit

Decided July 22, 2005No. 04-2780PublishedCited by 45 opinions

1Opinion of the Court

SYKES, Circuit Judge.

This case arises from a tragic train-car collision that caused serious injuries to the driver of the car and killed her three-and-one-half-year-old daughter, a passenger. The daughter’s estate and her mother and father brought a personal injury and wrongful-death action in Indiana state court, which the defendants — the owner of the railroad crossing, Newton County and its Highway Department, the railroad, and the State of Indiana and its Department of Transportation — removed to federal district court. The suit asserted that railroad warning devices at the crossing were…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  3. Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
  4. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
  5. English v. General Electric Co.Supreme Court of the United States · 1990

11 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Clarisha Benson v. Fannie May Confections BrandsCourt of Appeals for the Seventh Circuit · 2019
  2. Emerson v. Kansas City Southern Railway Co.Court of Appeals for the Tenth Circuit · 2007
  3. Ingrid Fisher v. HalliburtonCourt of Appeals for the Fifth Circuit · 2012
  4. Duluth, Winnipeg, & Pacific Railway Co. v. City of OrrCourt of Appeals for the Eighth Circuit · 2008
  5. C.Y. Wholesale, Inc. v. Eric HolcombCourt of Appeals for the Seventh Circuit · 2020

40 more not listed; retrieve them via the Exa API.

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