Carter

Re: Dkt. No. 118

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

1. INTRODUCTION

This case involves the tragic death of Gary Carter, who was struck and killed by a passenger train on December 3, 2011. In this action, his wife and minor child assert wrongful death and survivor claims against National Railroad Passenger Corp. (“Amtrak”) and Union Pacific . Railroad Company (“Union Pacific”) arising out of the death of their husband/father. 1 Amtrak and Union Pacific now bring a Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment (“Motion”). A hearing on the Motion was held on August 1, 2014. For the reasons stated below, the Motion is GRANTED in part and DENIED in part.

II. BACKGROUND

A. Facts

1. Events of December 3, 2011

On the morning of December 3, 2011, Gary Carter drove himself and his three *1121 dogs to the Silliman Sports Complex, in Newark California, near Mowry Avenue and Stevenson Boulevard. Declaration of Kimberly Carter in Opposition to Defendants’ Motion for Summary Judgment (“Carter Decl.”), ¶¶ 2, 9. He and his wife Kimberly, along with their son Grant, frequently walked in a nearby nature area,…