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SKROVIG v. BNSF RY. CO.

No. CIV. 10-4022.

855 F.Supp.2d 933 (2012)

Tami SKROVIG, as Personal Representative of the Estate of Thomas Jeffrey Skrovig, deceased, Plaintiff, v. BNSF RAILWAY COMPANY, a Delaware corporation, Defendant.

United States District Court, D. South Dakota, Southern Division.

March 5, 2012.

Attorney(s) appearing for the Case

Edwin E. Evans, Mark William Haigh, Shane E. Eden, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Plaintiff.

Thomas C. Sattler, Thomas E. Morrow, Jr., Wolfe, Snowden, Hurd, Luers & Ahl, LLP, Lincoln, NE, for Defendant.

ORDER

JEFFREY L. VIKEN, District Judge.

INTRODUCTION

Plaintiff Tami Skrovig ("plaintiff" or "Mrs. Skrovig") filed an amended complaint asserting various claims of negligence against defendant BNSF Railway Company ("BNSF") arising from a pickup and railroad maintenance machine collision in which her husband, Thomas Skrovig ("Mr. Skrovig"), died. (Docket 37). Defendant's answer denies plaintiff is entitled to recovery, asserting BNSF was not negligent...

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