section 908

Citation: section 908
Parent Document: Patrick Blanks v. Fluor Corporation (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-06-17
Original Source: https://www.courtlistener.com/opinion/2678642/patrick-blanks-v-fluor-corporation/ ↗

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children presented remarkable evidence to the contrary. According to the children’s
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   As to the first factor regarding prior similar occurrences, the Court noted that while serious sight
problems existed and previous incidents occurred at the crossing, passive warning devices were in place
that the railroad believed satisfied its duty to the public. As to the second factor regarding others’
negligence, the Court noted that the jury found that 25 percent of the fault for Alcorn’s injuries was
attributed to Amtrak’s negligence. Thus the Court did not consider whether this second factor weighed
against submission of a punitive-damage claim. Alcorn, 50 S.W.3d at 248.

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