Overgrown vegetation blocks view of tracks: Failure to maintain sight distance: Wrongful death: Verdict. Punitive damages

Law Reporter, May 2003

Webb v. CSX Transport., Inc., S.C., Anderson County C.C.P., Nos. 2001-CP-04-504, 2001-CP-04-505, Sept. 24, 2002.

Webb, 41, was a passenger in a car driven by her sister-in-law. Their route took them over a level, U-shaped railroad crossing marked only by a crossbuck. On either side of the track, the road curved, and the motorist's view of the crossing was obstructed by trees and underbrush. A train struck the vehicle Webb was in as it went through the railroad crossing.

Webb sustained multiple head injuries and died about two months later. Webb had been the sole caretaker of her disabled husband. She is survived by her husband and a minor son.

Webb's husband, on behalf of her estate, filed suit against the railroad company. Suit alleged that the railroad company failed to maintain an adequate sight distance along the track, in violation of National Transportation Safety Board guidelines.

Suit also alleged that the railroad had failed to repair a bridge that had in the past served as an alternate route over the railroad tracks. Plaintiffs cited a South Carolina statute, S.C. Code Ann. [sec] 58-17-3420, which imposes a duty on a railroad to maintain a bridge at its expense when it constructs a track over an existing road.

Defendant contended that it had no duty to repair the bridge as state officials had recommended that the bridge be torn down-and not replaced-several years earlier. Defendant also contended that state inspectors had approved the crossing, and that the defendant had cut and sprayed herbicide on the vegetation. Finally defendant contended that the driver of the vehicle had failed to stop before entering the crossing.

A jury awarded $3.25 million. The jury also awarded punitive damages of $875,000. Defendant is expected to appeal.

Plaintiff's experts were Ken Heathington, accident reconstruction, Knoxville, Tenn., and Oliver Woods, economics, Columbia, S.C.

Plaintiff's Counsel

*J. Calhoun Pruitt Jr., Anderson, S.C.

*John E. Parker, Hampton, S.C.