WILLIAM C. KOCH, JR., J., concurring in part. I concur with the result reached by the Court. Based on the current appellate record, there exists a genuine factual issue regarding whether Conductor Danny Martin sounded the train’s whistle as the train approached the crossing as required by Tenn.Code Ann. § 65-12-108(2) (2004). Summary judgment proceedings have never been envisioned as subs…
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