Legal Opinion
Rodney Kiemele Lillian Kiemele v. Soo Line Railroad Company
Court of Appeals for the Eighth Circuit
Decided October 1, 1996No. 95-3700PublishedCited by 40 opinions
1Opinion of the Court
BOGUE, Senior District Judge.
Rodney and Lillian Kiemele appeal the district court’s summary judgment dismissal of their negligence action. Because we find that genuine issues of material fact exist, we reverse and remand.
I. BACKGROUND
On December 2, 1993, Rodney Kiemele (Kiemele) was driving himself and three co-employees to work at an oil rig outside of Portal, North Dakota. The road on which Kiemele was traveling was covered with compacted snow and ice, and heavy fog limited visibility. At approximately 7 p.m., Kiemele ran his automobile into the 112th car of a train owned and operated by…
2Cases cited18 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Gerald L. ALLEN, Appellant, v. BRIDGESTONE/FIRESTONE, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1996
- South v. National Railroad Passenger Corp.North Dakota Supreme Court · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Federal Deposit Insurance Corporation v. Melvyn Bell, Darlene Bell, Bell Holdings, Inc., Bell Equities, Inc.Court of Appeals for the Eighth Circuit · 1997
- Mary Jo Krauel v. Iowa Methodist Medical CenterCourt of Appeals for the Eighth Circuit · 1996
- Union Pacific Railroad v. SharpSupreme Court of Arkansas · 1997
- O'Bannon Ex Rel. O'Bannon v. Union Pacific RailroadDistrict Court, W.D. Missouri · 1997
- Anderson v. Wisconsin Central Transportation Co.District Court, E.D. Wisconsin · 2004
35 more not listed; retrieve them via the Exa API.