(DOWNLOAD) "Darrell S. Claspill v. Missouri Pacific" by Supreme Court of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Darrell S. Claspill v. Missouri Pacific
- Author : Supreme Court of Missouri
- Release Date : January 31, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Darrell Claspill appeals from an adverse jury verdict and judgment in a Federal Employers Liability Act personal injury action.
The question is whether 23 U.S.C. § 409 (1988) prohibits admission in evidence of certain documents created before
its effective date, April 2, 1987, and if so, whether it violates the tenth amendment to the United States Constitution. Affirmed. Darrell Claspill was Missouri Pacific's engineer at the time of three railroad grade crossing collisions that occurred over
a three-month period in 1986 in Barton County and at Adrian and Butler, Missouri. Claspill brought negligence claims against
Missouri Pacific under the Federal Employers Liability Act and against the driver in one collision and the two other drivers'
estates, alleging the collisions had induced a post-traumatic stress disorder. He settled the claims against all defendants
except Missouri Pacific before trial and abandoned the claim arising out of the Barton County collision at trial. The Adrian
and Butler negligence claims alleged the Railroad should have imposed a reduced speed limit through both cities, installed
flashing lights at both crossings as well as a crossing gate and ringing bell at Butler, and cleared off vegetation on the
right-of-way at Adrian. The jury found no negligence on the part of either party.