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JESSKI v. DAKOTA, MINN. & EASTERN RAILROAD CORP.

No. 19-CV-2070-CJW-MAR.

560 F.Supp.3d 1252 (2021)

Hannah JESSKI, as Executrix and Personal Representative of the Estate of Dixie Blazier; Glenda Mundis; and Robert Mundis, Plaintiffs, v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Defendant.

United States District Court, N.D. Iowa, Eastern Division.

Signed September 17, 2021.

Attorney(s) appearing for the Case

Larry Bendesky, Pro Hac Vice, Robert William Zimmerman, Pro Hac Vice, Scott A. Fellmeth, Pro Hac Vice, Saltz Mongeluzzi Barrett & Bendesky PC, Philadelphia, PA, Steven V. Lawyer, Des Moines, IA, for Plaintiffs.

James D. Helenhouse, Stephen Joseph Rynn, Thomas C. Paschalis, Fletcher & Sippel LLC, Chicago, IL, for Defendant.

ORDER

TABLE OF CONTENTS

I. FACTUAL BACKGROUND...1256

II. SUMMARY JUDGMENT STANDARD...1260

III. DISCUSSION...1261

A. Preemption...1261

B. Adequacy of Warning Devices...1263

1. Warning Signal Activation, Operation, and Sufficiency...1263...

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