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UPDATE: State Supreme Court sides with railroad in '09 Elm Grove crash

MADISON, WI (WTAQ) - The Wisconsin Supreme Court sided with a railroad Tuesday morning, in a question of whether a train had to stop to accommodate heavy traffic heading to a holiday parade.

The justices ruled against Scott Partenfelder and his wife Monica, whose van was struck by a passing Soo Line train while it was stopped on a track in heavy traffic that was heading of Elm Grove's Memorial Day parade.

Partenfelder was seriously injured while trying to rescue his toddler from the van -- and an Elm Grove police officer was hurt while trying to save Monica.

The plaintiffs said the Soo Line should have known there would be extra traffic due to the parade. But the Supreme Court said the event did not constitute a specific hazard under the federal laws which require trains to slow down or stop.

The justices said the parade created a "generally dangerous traffic condition" that did not require the train to adjust. The van was pushed 94 feet by the train.

The incident resulted in the parade being canceled.  

(Story courtesy of Wheeler News Service)