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Motion to Compel Discovery Denied

By: Derek Hawkins//March 5, 2019//

Motion to Compel Discovery Denied

By: Derek Hawkins//March 5, 2019//

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WI Court of Appeals – District III

Case Name: Jordan Nutt, et al. v. Union Pacific Railroad Company, et al.

Case No.: 2018AP695

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Motion to Compel Discovery Denied

Jordan Nutt was severely injured when a car he was driving was struck by a locomotive operated by Union Pacific Railroad Company. Nutt and his parents, William Nutt and Rhonda Birk, (collectively, “Nutt”) filed this lawsuit, asserting negligence claims against Union Pacific and two of its employees, Michael Searle and Angelo Aguirre (collectively, “Union Pacific”). The circuit court granted summary judgment in favor of Union Pacific, concluding: (1) federal law preempted Nutt’s claims regarding inadequate warning devices and an improper stop sign at the crossing where the collision occurred; (2) there was no evidence that either the vegetation or the condition of the roadbed at the crossing was a proximate cause of the collision; and (3) the undisputed facts established, as a matter of law, that Nutt’s negligence exceeded any negligence by Union Pacific. Nutt now appeals, arguing the court erred by granting Union Pacific summary judgment and by denying Nutt’s motion to compel discovery. We reject Nutt’s arguments and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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