Wright v. Norfolk And Western Railway Company

427 S.E.2d 724 (1993)

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Nature of the Case

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Facts

P was severely injured in a collision between the dump truck he was operating and a D train at a public crossing. At the scene, the terrain generally is level, and the track is straight for 2,150 feet north from the crossing. The weather was clear, hot, and humid. The roadways were dry. The train was traveling approximately 34 miles per hour and approached the crossing with the headlight burning on the engine. Also, an air-operated bell was ringing continuously. In addition, an air-operated whistle was sounding 'two longs, a short and a long.' P, age 36, and an experienced dump truck operator had lived less than a mile from the crossing for ten years. P approached the crossing behind another southbound dump truck. After the first truck moved over the crossing, clearing the track, P drove his truck onto the track in front of the train when the train's engine was less than ten feet from the truck. The window on the right side of the truck's cab was closed at the time of the collision, the air conditioning was going, and the radio and CB radio on when the impact occurred. There was testimony that the train’s operator consistently blared the horn and whistle for several miles prior to reaching the intersection. Expert testimony established that the crossing was not 'reasonably safe' and that it was 'ultra-dangerous or an ultrahazardous crossing.' The verdict went to P. The trial court granted D’s motion to set it aside. P appealed.