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Driver Killed When Fog Obscures Canadian Pacific Subsidiary Train at Ungated Crossing

By Pottroff & Karlin LLC |

(Brookings, South Dakota – July 16, 2011)

A 25-year-old motorist was killed early Saturday morning as he and collided with a Canadian Pacific Railroad subsidiary Dakota, Minnesota & Eastern Railroad freight train at the crossing four miles west of Brookings, SD.

Mitchell, SD resident, Catlin James Hemmah, was driving an SUV west on U.S. Highway 14 in heavy fog when he hit the side of the freight train and caught fire upon impact. Authorities said the crossing’s flashing red lights were working but that visibility was extremely limited due to heavy fog and lack of crossing gates to provide crossing protection.


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I have had the opportunity to work as co-counsel with Nathan on several railroad crossing accidents cases. In each case, Nathan always possessed an incredible knowledge of the law and the facts, possessed a great talent for aggressive - strategic legal planning and trial tactics while, at the same time, displaying great skill as an effective negotiator. I would recommend him to anyone without hesitation.

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