Court of Appeals for the Eighth Circuit February 20, 1998, 97-2690 (Alvin Coney, Saundra Coney v. Union Pacific Railroad, Association of American Railroads, Amicus on Behalf Of)

BRIGHT, Circuit Judge.

On November 15,1994, Alvin Coney’s vehicle collided with a Union Pacific Railroad (“Union Pacific”) freight train. Coney brought this diversity action against Union Pacific, alleging that Union Pacific failed to provide adequate and active warning devices, maintain a proper lookout, sound the train’s whistle, and operate its train at an appropriate speed.