Legal Opinion
Hale v. Burlington Northern & Santa Fe Railway Co.
Missouri Court of Appeals
Decided July 31, 2017No. SD 34483 and SD 34494PublishedCited by 4 opinions
1Opinion of the CourtDaniel E. Scott, J.
We address, again, the matter of improper not-in-MAI jury instructions.1
Background
Amber Hale was driving alone at night on a familiar road when she struck the side of a train’s lead engine at a marked crossing less than a mile from her home. Hale sued, the railroad (“BNSF”) obtained summary judgment, Hale appealed, and we reversed and remanded, finding genuine issues of material fact that precluded summary judgment. See Hale v. Wait, 364 S.W.3d 720, 721, 723 (Mo.App. 2012).2
At jury trial thereafter, it was established that Hale could have seen the train when she was 300 feet from the…
2Cases cited20 opinions
- Brown v. St. Louis Public Service CompanySupreme Court of Missouri · 1967
- State v. ErwinSupreme Court of Missouri · 1993
- Alcorn v. Union Pacific RailroadSupreme Court of Missouri · 2001
- Badahman v. Catering St. LouisSupreme Court of Missouri · 2013
- Bayne v. JenkinsSupreme Court of Missouri · 1980
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3Cited by4 opinions
- Spence v. BNSF Ry. Co.Supreme Court of Missouri · 2018
- Billingsley v. Farmers Alliance Mut. Ins. Co.Missouri Court of Appeals · 2018
- AMBER HALE, f/k/a AMBER KOESTER v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANYMissouri Court of Appeals · 2021
- State ex rel. Hale v. HendricksonMissouri Court of Appeals · 2018