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1 LARGO V. ATCHISON, TOPEKA & SANTA FE RY. CO., 2002-NMCA-021, 131 N.M. 621, 41 P.3d 347 WILBERT LARGO, Plaintiff-Appellant, vs. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, and J.P. BIGLEY, Defendants-Appellees.
Docket No. 21,927 COURT OF APPEALS OF NEW MEXICO 2002-NMCA-021, 131 N.M. 621, 41 P.3d 347 December 10, 2001, Filed APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY. WILLIAM C. BIRDSALL, District Judge. As Corrected March 23, 2002. Released for Publication February 19, 2002. COUNSEL SCOTT E. BORG, ROSENFELT, BARLOW & BORG, P.A., Albuquerque, NM, ROBERT A. SCHUETZE, Cortez Macaulay Bernhardt & Schuetze LLC, Denver, CO, for Appellant. TIM L. FIELDS, EARL E. DEBRINE, JR., MODRALL, SPERLING, ROEHL, HARRIS & SISK, P.A., Albuquerque, NM, for Appellees. JUDGES CYNTHIA A. FRY, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, JAMES J. WECHSLER, Judge. AUTHOR: CYNTHIA FRY OPINION

{*623} FRY, Judge. {1} This case concerns a fatal collision between a train and a pickup truck driven by Hudson Benally at a railroad crossing near Coolidge, New Mexico. Benally was killed, and his passenger, Plaintiff Wilbert Largo, was injured. Virginia Tom, Benally's personal representative, and Largo filed suit against the Atchison, Topeka and Santa Fe Railway Company (Railroad) and the engineer, alleging negligence. Tom and Defendants have settled, and Largo remains as Plaintiff. {2} At issue in this interlocutory appeal is the trial court's order granting Defendants summary judgment on Plaintiff's claims that warnings at the crossing were inadequate and that excessive speed of the train contributed to the accident. The court held that Plaintiff's state law

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