Fill and Sign the Order Granting Form

IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE This cause came to be heard on the Motion for Summary Judgment filed by Defendant _______________ pursuant to Rule ___ of the _______________ Rules of Civil Procedure, and the Court having considered said motion, the Plaintiff's Response to Motion for Summary Judgment and the supporting and opposing affidavits, materials, evidence and authorities submitted by the parties, and being fully advised in the premises, finds that there is no genuine issue as to any material facts, which material facts are as follows: 1. Prior to and at the time of the subject accident, Defendant’s train was lawfully occupying the crossing over _______________ Drive in _______________, _______________ for a legitimate business purpose. 2. _______________ Drive, which runs in a general east and west direction, is straight and flat for at least a quarter of a mile or farther from the crossing as it approaches the crossing from the east, the direction from which the Plaintiff was approaching the crossing immediately prior to and at the time of the accident. - 1 - 3. The Plaintiff was very familiar with the crossing, having driven over the crossing on numerous prior occasions during daylight and darkness. 4. _______________ Drive was properly marked with an advanced warning sign and pavement markings providing warning of the existence and general location of the crossing. 5. The crossing was protected by railroad crossbuck signs as required by _______________law. 6. There was no topographic or environmental characteristic of the crossing, the approach to the crossing from the east or the area in the immediate vicinity of the crossing which would adversely interfere with the visibility of a motorist approaching the crossing from the east or interfere with a motorist's ability in seeing a train occupying the crossing other than darkness itself. 7. The weather was clear at the time of the accident and there were no climatic conditions, other than darkness itself, which would have interfered with the view of an approaching motorist. 8. Other than the fact that the accident occurred during hours of darkness and that the crossing was dark at the time of the accident, there is no other reason that the Plaintiff, or any other motorist approaching the crossing from the east exercising reasonable care and driving within the lawful speed limit, would not be able to see a train occupying the crossing in time to safely stop his vehicle before reaching the crossing. 9. The crossing is not extra hazardous approaching from the east during hours of darkness. 10. There is no genuine issue as to any material the Defendant is entitled to a judgment as a matter motorist fact and of law. - 2 - IT IS, THEREFORE, ORDERED AND ADJUDGED that judgment be, and the same is hereby, entered for and on behalf of Defendant _______________, and it is further ordered and adjudged that this cause be, and the same is hereby, dismissed with prejudice at the cost of the Plaintiffs. SO ORDERED AND ADJUDGED this the ____ day of ___________, 20____. ______________________________ CIRCUIT JUDGE - 3 -