Defendants then filed their motion for summary judgment with an attendant statement of uncontroverted material facts which was duly traversed by Plaintiff in her response to Defendants statement of uncontroverted material facts. Defendants answered by denying Plaintiff s allegations of negligence and asserting over twenty affirmative defenses. Plaintiff also requested aggravating/punitive damages against all Defendants. Frost and seventeen causes of action sounding in negligence against the Railroad. Frost ) (collectively Defendants ) alleging sixteen causes of action sounding in negligence against Mr. On May 21, 2009, Plaintiff brought her petition against Respondents BNSF Railway Company ( the Railroad ), train engineer Steve E. This appeal arises out of the collision of a train and an automobile that took place on the evening of March 23, 2008, at an un-gated crossing in Webster County, Missouri, which resulted in physical injuries to the driver of the automobile, Appellant Amber Hale f/k/a Amber Koester ( Plaintiff ). Sims, Judge (Barney, J., Bates, J., and Scott, J.) REVERSED AND REMANDED. SD31536 ) ) Opinion filed: ) Ma) ) APPEAL FROM THE CIRCUIT COURT OF WEBSTER COUNTY, MISSOURI Honorable John W. FROST, and BNSF RAILWAY COMPANY, Respondents. AMBER HALE f/k/a AMBER KOESTER, Appellant, vs.
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