Gonzalez v. Union Pacific R.R. Co.
Annotate this CaseThirteen-year-old Efrain Ramos-Domingo was struck and killed by a Union Pacific Railroad Company train in Schuyler. Plaintiff, Efrain’s mother, as personal representative of Efrain’s estate, filed a wrongful death action against Union Pacific. The district court entered summary judgment in favor of Union Pacific, concluding that Union Pacific did not breach its standard of care and that Efrain violated his duty to look and listen for the approaching train and to obey the crossing gate. The Supreme Court reversed, holding that the district court erred in concluding as a matter of law that Union Pacific was not negligent and that Efrain was contributorily negligent sufficient to bar his recovery. Remanded.
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