Nature of the Case
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Facts
Tanya Lacy and Richard Brooks (Ps) were injured when the car in which they were passengers collided with a train operated by D. Ps brought actions against both D and the driver of the car, Cacoe Sullivan (D). The car driven by Cacoe (D) with Brooks (P), Cacoe’s fiancé, riding in the front passenger's seat, while her mother, Lacy (D), was in the back seat with Cacoe's (D) with Brooks' (P) infant son. Everyone could see that the flashing lights and gates of the still-distant Fifth Street crossing were activated. Cacoe (D) went around one of the lowered gate arms onto the tracks and was struck broadside by a westbound train traveling at 50 miles per hour. Brooks (P) was apparently rendered paraplegic by the accident. Cacoe (D) was concentrating on the slower moving train going eastbound. It was known to D that vehicles would cross the railroad tracks even if the warning indicators had been activated when no trains were in hazardous proximity. Ps claimed that CSX (D) was negligent in allowing both a slow and fast moving trains to use the crossing at the same time. At closing, CSX’s attorney told the jury that it would have to pay the entire damages award because Lacy (P) would not attempt to collect from her daughter. CSX (D) was found 1% negligent. Ps were found 1% negligent. Cacoe (D) was found 97% negligent and the sole proximate cause. CSX (D) got the judgment, and Ps appealed.
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