Beal v. Kansas City Southern Railway Company

Facts

P's vehicle was struck by a train at DOT Crossing No. 293392L. The approach to the crossing was protected by a stop sign, a railroad crossbuck sign, and a railroad crossing advance warning sign. The collision occurred at 8:38 p.m., in 'dark-lighted' conditions. P alleged that her injuries were caused by Ds' negligence in failing to ensure that the railroad right-of-way was free from visual obstructions, including parked vehicles and vegetation; failing to properly inspect the crossing; failing to warn of the dangerous condition of the crossing; and failing to properly maintain and update the crossing and its traffic control devices. P acknowledged that she had frequently driven over the crossing prior to the collision. She also admitted that she saw the stop sign and railroad crossbuck sign as she approached the crossing immediately prior to the collision. P testified that she approached the crossing, she began to look for trains on the track, although she could not remember where her car was located when she started looking for trains. A digital video recorder on the lead locomotive of the train captured audio and video of the collision. The audio recording indicates that the locomotive's air horn was sounding as the train approached the crossing. As the locomotive approaches the crossing, the video recording shows vegetation, and vehicles parked near the right of way, to the right of the train - the direction from which Beal's vehicle was approaching. The video indicates that P's vehicle did not come to a complete stop before entering the crossing. On a motion for summary judgment, D argued that P was negligent per se for violating Missouri statutes and a Higbee ordinance which required her to stop before entering the crossing. The court granted the motion. The court found that 'P's negligence was the sole cause of the collision.' P appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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