Asmar

Asmar v. BNSF Railway Company

Good Law
United States District Court, Eastern District of CaliforniaNovember 17, 20211:19-cv-01810California6,447 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARBEL ASMAR; ANTOINE ASMAR; Case No. 1:19-cv-01810-HBK

SIHAM KHALIL,

ORDER GRANTING DEFENDANT BNSF Plaintiffs, RAILWAY COMPANY’S MOTION FOR SUMMARY JUDGMENT1 v. (Doc. No. 19)

BNSF RAILWAY COMPANY,

15 Defendant. 16 This case involves the tragic death of Mr. Hanna Asmar, who died on January 10, 2019, when he was struck by a BNSF freight train at Zeering Road crossing in Denair, California. Defendant BNSF Railway Company (“BNSF”) moves for summary judgment. (Doc. Nos. 19). Plaintiffs, who are the wife of the decedent and the decedent’s minor children, oppose the motion. (Doc. No. 24). BNSF replied. (Doc. No. 25). The Court held oral argument on BNSF’s summary judgment motion on March 26, 2021. Based upon binding caselaw and having considered the entire record and finding the material facts not to be in dispute, the Court grants BNSF’s motion for summary judgment. …

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