Crockett v. Norfolk Southern Ry. Co.
| Decision Date | 20 March 2000 |
| Docket Number | No. CivA 1:98-CV-979-CAM.,CivA 1:98-CV-979-CAM. |
| Citation | 95 F.Supp.2d 1353 |
| Parties | David K. CROCKETT, Individually and as Personal Representative of the Estate of Michael Taylor Crockett, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
Ben W. Studdard, III, Joseph Mark Brittain, Smith Welch & Brittain, Stockbridge, GA, Frederick Newman Sager, Jr., Stephen Roberts Chance, Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, GA, Arnold E. Gardner, Office of Arnold E. Gardner, Atlanta, GA, for David K. Crockett, plaintiff.
William C. Thompson, Laura S. Morris, Weissman Nowack Curry & Wilco, Atlanta, GA, for Norfolk Southern Railway Company, defendant.
Plaintiff, David K. Crockett, filed this case in the Superior Court of Henry County, Georgia, seeking to recover from Defendant, Norfolk Southern Railway Company (Norfolk Southern), for the allegedly wrongful death of Plaintiff's son, Michael Taylor Crockett (Crockett). Defendant removed the case to this Court based on diversity jurisdiction. The case is before the Court on Plaintiff's motion to amend the complaint, on Defendant's motion for summary judgment or, in the alternative, for partial summary judgment, and on Plaintiff's request for oral argument. For the reasons stated herein, the request for oral argument is denied; the motion to amend is denied; the motion for summary judgment is granted; and the motion for partial summary judgment is denied.
On November 27, 1996, at approximately 1:30 P.M., Crockett was driving in a westerly direction on Ivey Edwards Road in Henry County, Georgia, approaching a railroad crossing. Crockett had driven along Ivey Edwards Road and crossed the Ivey Edwards Road crossing (the Crossing) on many previous occasions and was familiar with the Crossing. At the same time Crockett approached the Crossing on the road from the east, a Norfolk Southern train approached on the railroad tracks from the north, heading south from Atlanta to Macon.
The train collided with the vehicle driven by Crockett. Crockett sustained a head injury and died on November 30, 1996, as a result of that injury. Crockett was unconscious at the scene of the accident and at all times he was in the hospital prior to his death. He did not speak to anyone after the collision.
The Ivey Edwards Road crossing consists of a two-lane road crossing one set of railroad tracks. The general area around the Crossing is wooded. At the Crossing, Highway 42 is approximately one block east of the railroad tracks. Both north and south of the Crossing, the railroad tracks curve to the west. At the Crossing, there is a gravel service road along the northeast side of the track and a gravel bed along the southeast side. On November 27, 1996, a stop sign and a railroad cross-buck were located approximately eighteen feet east of the Crossing; a black and yellow railroad warning sign, approximately 360 feet east of the Crossing; and a posted speed limit of 35 miles per hour, approximately 400 feet east of the Crossing. No collisions had been reported at the Crossing, although several witnesses testified to being aware of several "near misses."
In July 1993, Defendant's Georgia Division Grade Crossing Committee determined that the Crossing might benefit from active warning signals. It is unclear from the evidence before the Court whether Defendant reported this determination to the Georgia Department of Transportation (GDOT). Nevertheless, Otis Hammock, an employee of GDOT, inspected the Crossing in January 1994, as part of GDOT's Rail Grade Crossing Safety Program. At that time, Hammock did not recommend that active warning signals be installed at the Crossing. In December 1996, following the collision at issue here, the Crossing was again inspected, and the GDOT recommended that active warning signals be installed. The Crossing is now equipped with active warning signals.
At the time of the collision, the train engineer was Daniel B. Montgomery, and the conductor was Dana Chastain. Montgomery and Chastain were the only crew on the train; both were in the lead locomotive; Chastain was on the right or west side; Montgomery was on the left or east side. The lead locomotive was positioned with the short end forward, the normal position for the lead locomotive as it provides better visibility for the engineer and conductor. The day was clear, and ground conditions were dry. The federally mandated speed limit along the section of track at issue is 50 miles per hour for freight trains, and the speed tapes from the train indicated that it was traveling at 44 miles per hour. Both Montgomery and Chastain reported that there were no obstructions at the Crossing. Montgomery testified that he began blowing the train whistle and ringing the bell at the blow post approximately a quarter of a mile north of the Crossing and continued blowing the whistle until he reached the Crossing. Chastain also testified that Montgomery was blowing the train whistle. The locomotive headlight was on bright.
Montgomery first observed Crockett's vehicle as the vehicle approached and entered the Crossing from approximately twenty feet to the east. Montgomery testified that, although he did not know the speed at which the vehicle was traveling, it was moving fast and appeared to be trying to stop. Chastain did not see the vehicle before the collision. Montgomery applied the emergency brakes as soon as he saw Crockett's vehicle but had no time to prevent the collision. Montgomery was the only eyewitness to the collision. The vehicle was hit on the passenger side door, just forward of the center of the vehicle, and came to rest on the east side of the track, just south of the Crossing.
Jerry and Martha Huff were the first people to arrive at the scene. Martha Huff testified that, as they were driving north on Highway 42, they heard the train, but she could not recall whether they heard the train whistle. She further testified that they did not hear the collision. Jerry Huff testified that, as they traveled toward Ivey Edwards Road, he heard some sort of train noise but that he could not remember what the noise was. He further testified that he did not remember hearing the whistle but that it might have blown and he did not hear it. The Huffs saw the train, which was still moving, when they first turned off Highway 42 onto Ivey Edwards Road. At first they didn't realize anything had happened, but as they realized the train was slowing and stopping, they looked to the left and saw Crockett's vehicle. Ms. Huff called 911 on the car phone, and Mr. Huff went to the vehicle and pulled Crockett out. Mr. Huff does not remember unfastening or cutting Crockett's seat belt. Crockett appeared to be comatose and did not respond in any way to the Huffs.
The accident was investigated by Henry County Police Officer Jack P. Pinholster. Crockett had already been removed from the vehicle and was being treated by paramedics when Pinholster arrived. Crockett's vehicle was located on the southeast side of the Crossing, ninety-two feet from the apparent point of impact, and the train was stopped with the locomotive approximately a quarter to a third of a mile south of the Crossing. While at the scene, Pinholster measured a fresh, relatively straight, forty-two foot skid mark on Ivey Edwards Road east of the railroad tracks, ending before the eastern-most rail. Based on the location of the skid mark and marks on the tires of Crockett's vehicle, Pinholster believed the skid mark was made by the left rear tire of Crockett's vehicle as Crockett attempted to stop. The Huffs told Pinholster that they heard the train whistle as they traveled along Highway 42, which parallels the railroad tracks. Pinholster indicated on his report of the accident that Crockett's view of the railroad tracks was not obstructed. Based on the damage to Crockett's vehicle, the physical evidence at the scene, and statements from the Huffs, Pinholster believed that Crockett did not stop at the stop sign, saw the train approaching and tried to stop, realized he couldn't stop in time, and then tried to beat the train through the Crossing.
Lindy Maulin lives in a mobile home near the Crossing. She usually feels the vibrations from a train before she sees or hears it. Ms. Maulin was at home on November 27, 1996, at the time of the collision. She felt the train and heard its rumble, but did not hear its whistle. She did not hear the collision or the train braking or the Lifeflight helicopter which took Crockett from the scene.
The accident was investigated by Greg Allen, district claim agent for Defendant. Allen went to the site of the collision on December 3, 1996, approximately one week after the collision. He took photographs of the area, made various measurements, and interviewed the witnesses identified in the police report as well as several "ear" witnesses who lived near the collision site. Ms. Huff told Allen that she heard the train whistle. Another woman, whose name Allen did not remember, told him she did not hear the whistle. Although Allen's photographs show the view that could be seen from an automobile stopped at the stop sign, Allen did not measure the sight distance from the Crossing.
Plaintiff, Crockett's father and personal representative of Crockett's estate, filed this wrongful death suit in the Superior Court of Henry County, alleging Defendant's negligence caused the accident which lead to Crockett's death. The case was properly removed to this Court based on diversity of citizenship. Plaintiff alleges sixteen specific items of negligence on the part of Defendant and its agents. These alleged items of negligence can be summarized as: (1) failure of Defendant to install active warning signals at the crossing; (2) failure of the crew on the train to give adequate warning...
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Johns v. CSX Transp., Inc.
...conclude that [Mr. Johns] entered the Crossing after he could have seen the approaching train." Crockett v. Norfolk Southern Ry. Co. , 95 F.Supp.2d 1353, 1361 (N.D. Ga. (2000) (citing Wall , 196 Ga.App. at 485–86, 396 S.E.2d 266 )). As such, "regardless of whether [Mr. Johns] stopped at the......