Shin

STATEMENT OF FACTS

The following facts are taken from the undisputed material facts presented by

BNSF, the additional facts provided by Shin to which BNSF objected but that objection

2 was overruled by the trial court and other documents attached to the moving papers as

necessary.

Samuel was 14 years old when he was struck by a train while attempting to cross

two sets of railroad tracks at the Jackson Street crossing in Riverside on April 22, 2009.

Samuel had to cross the tracks to get to Arlington High School. He had crossed the

tracks approximately 140 to 147 times prior to that day. Samuel was familiar with the

crossing and knew there were two sets of tracks. As he walked toward the railroad tracks

that day, another student, David Mount, walked several feet behind Samuel.

The two sets of tracks at Jackson Street were clearly visible as pedestrians

approached the crossing. The railroad grade crossing was equipped with the usual active

warning devices, which included red flashing lights, red and white crossing gates, and

audible bells. The crossing also had passive warning devices that included a sign

warning of two tracks, railroad cross-bucks and the two sets of…