Union Pacific Railroad Co. v. Superior Court

I. Factual Background

A. Undisputed Facts Asserted by Union Pacific The following facts are undisputed for purposes of the summary judgment motion unless otherwise indicated. On May 25, 2016, Robert and Elise Sandiford (decedents Sandiford) were traveling northbound on SR 99 in the County of Madera in a Coachman Leprechaun motorhome. Deon Detes Abrams, Sr. (decedent Abrams) was also driving northbound on SR 99 when decedents Sandiford’s vehicle collided with his Freightliner truck, which

2. was hauling a loaded trailer. As a result, both vehicles veered off SR 99 and struck a tree located on abutting land east of the highway, killing the occupants of both vehicles. Union Pacific owns the land on which the tree was located, having acquired it in 1998 through a merger with Southern Pacific Transportation Company. 1 The land consists of a 100-foot wide corridor that runs parallel to SR 99. Union Pacific’s railroad tracks are located within the corridor and Union Pacific’s right-of-way extends 50 feet on each side of the tracks’ centerline. The subject tree was located on the east side of SR 99, at least 20.7 feet from the closest lane of travel and approximately 42.6 feet…