MAYVILLE, Mich. (AP) - The Michigan appeals court has upheld a key decision in a lawsuit over a fatal crash involving a train and a truck in Tuscola County.
Bradley Corl stopped at railroad tracks in Mayville in 2009. But his truck was hit by a train when his vehicle moved forward as he leaned toward the passenger side.
Corl’s estate sued Huron & Eastern Railway and RailAmerica, claiming overgrown vegetation blocked his view of the train. The parties have offered conflicting evidence on that point. The appeals court agrees with a Tuscola County judge that a jury should sort out that dispute.
The court says the railroad had no duty to put a flagman at the site.
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