Driesen v. Iowa, Chicago & Eastern Rr Corp.

MEMORANDUM OPINION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

DONALD E. O’BRIEN, Senior District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant Iowa, Chicago & Eastern Railroad Corporation’s (hereinafter “Defendant” or “IC & E”) motion for summary judgment.

II. FACTS

The record in this case, when viewed in the light most favorable to the non-moving party, Plaintiffs David and Denise Driesen (hereinafter “Plaintiffs” or “the Driesens”), reveals the following facts:

At 9:00 a.m. on December 18, 2006, IC & E employees Dean Porter, the locomotive engineer, and Kenneth…