Fifth Third Bank v. Csx Corp., Civil No. 4:02-CV-0009 AS.
| Citation | 306 F.Supp.2d 841 |
| Decision Date | 23 February 2004 |
| Docket Number | Civil No. 4:02-CV-0009 AS. |
| Parties | FIFTH THIRD BANK, by and through Cynthia Bozik, Trust Officer, as Special Administrator of the Estate of Kacie Bechard, Deceased, Sheryl M. Bechard, and Stephen Bechard, Plaintiffs, v. CSX CORPORATION, a corporation; CSX Transportation Corp., a corporation; Newton County Highway Department, and Newton County, by and through its Board of Commissioners, State of Indiana, Indiana Department of Transportation, and National Railroad Passenger Corporation, a/k/a Amtrak, Defendants. |
| Court | U.S. District Court — Northern District of Indiana |
Bryan L. Bradley, Kenneth J. Allen, Michael T. Terwilliger, Kenneth J. Allen and Associates PC, Valparaiso, IN, for Plaintiffs.
Harold Abrahamson, Abrahamson and Reed, Hammond, IN, Bruce Phillip Clark, Timothy M. Swan, Bruce P. Clark and Associates, Munster, IN, Patrick K. Ryan, Blaney Casey and Walton, William F. Sammons, Sammons Law Office, Morocco, IN, Edward M. Kohan, Indiana Attorney General, Indianapolis, IN, for Defendants.
The Defendants, Newton County Highway Department and Newton County ("Newton County"), on or about August 29, 2003, moved for summary judgment alleging no genuine issues as to any material fact exist in this matter. On or about December 23, 2002, Defendants, CSX Transportation Corporation, and National Railroad Passenger Corporation, a/k/a Amtrak ("the Railroad"), filed a motion for partial summary judgment. Following such, on or about September 5, 2003 the Railroad filed a revised motion for summary judgment. This Court heard oral argument in this matter on January 20, 2004 in Lafayette, Indiana.1
This case arises out of a collision between a car operated by Sheryl Bechard and a National Passenger Railroad Association d/b/a Amtrak train. The accident occurred on January 13, 2000, at approximately 9:45 a.m., on County Road 400 East ("C.R. 400 East") at a railroad grade crossing owned and maintained by Defendant, CSX Transportation Corporation, just north of Monon road in Lincoln Township, Newton County, Indiana. Kacie Bechard was a passenger in the vehicle driven by Sheryl Bechard. Ms. Bechard was traveling in a southerly direction on C.R. 400 East at or near its intersection with the railroad crossing while the Amtrak train was headed in an northwesterly direction over said crossing. Sheryl Bechard's decedent Kacie Bechard, a passenger, sustained injuries resulting in her death on January 16, 2000.
At the time of the collision, the railroad crossing in question was owned, operated, managed, controlled and maintained by co-defendants, CSX Corporation and CSX Transportation Corporation. Newton County maintained, managed and controlled County Road 400 East. At the time of the accident, the C.R. 400 East crossing was marked by advanced warning signs and reflectorized crossbuck signs facing northbound and southbound traffic. Crossbucks are white crisscrossed boards with the words "RAILROAD CROSSING" in black lettering.
On or about April 2, 1975, the State of Indiana and the Louiseville & Nashville Railroad, the Railroad's predecessor, entered into an agreement to install crossbucks at the Railroad's crossings. During the deposition of Steven Hull, Hull produced several documents which undoubtedly established that federal funds were spent on a warning device at the crossing in question, which has not been disputed by the Bechards. There is an inventory form dated June 29, 1976, that indicates at that time the crossing had two reflectorized crossbucks. Accordingly, reflectorized crossbucks were erected at the crossing at issue with ninety percent of the project being paid for with federal funds under the Crossings program.
The Bechards allege that Newton County, a governmental entity, had a duty of care and caution toward the CSX grade crossing where the collision occurred. The Bechards claim the grade crossing in question to be extra-hazardous and unreasonably dangerous, and allege that Newton County failed to maintain adequate protections and warning at the CSX crossing, and failed to maintain an unobstructed view for 1,500 feet along the railroad right-of-way. The Bechards also seek damages under Indiana law for injury and wrongful death caused by the Railroad's alleged failure to exercise reasonable care to protect the public at its grade-crossing and to remove sight-line obstructions on its right-of-way at C.R. 400 East.
Summary judgment is proper if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there exists no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Bragg v. Navistar Int'l Trans. Corp., 164 F.3d 373 (7th Cir.1998). Celotex addressed the initial burdens of the parties under Rule 56, and Anderson addressed the standards under which the record is to be analyzed within the structure of Rule 56.
The initial burden is on the moving party to demonstrate, "with or without supporting affidavits," the absence of a genuine issue of material fact and that judgment as a matter of law should be granted in the moving party's favor. Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (quoting Fed.R.Civ.P. 56); Larimer v. Dayton Hudson Corp., 137 F.3d 497 (7th Cir.1998). A question of material fact is a question which will be outcome determinative of an issue in the case. The Supreme Court has instructed that the facts material in a specific case shall be determined by the substantive law controlling the given case or issue. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Once the moving party has met the initial burden, the opposing party must "go beyond the pleadings" and "designate `specific facts shows that there is a genuine [material] issue for trial.'" Id. The nonmoving party cannot rest on its pleadings, Weicherding v. Riegel, 160 F.3d 1139 (7th Cir.1998); Waldridge v. American Hoechst Corp., 24 F.3d 918 (7th Cir.1994); nor may that party rely upon conclusory allegations in affidavits. Smith v. Shawnee Library Sys., 60 F.3d 317, 320 (7th Cir.1995).
During its summary judgment analysis, the court must construe the facts and draw all reasonable inferences in the light most favorable to the nonmoving party. Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560 (7th Cir.1996). Furthermore, it is required to analyze summary judgment motions under the standard of proof relevant to the case or issue. Anderson, 477 U.S. at 252-55, 106 S.Ct. 2505. Applying the above standard this Court will now address the present motion for summary judgment.
The Bechards claim that Newton County had a duty to prevent obstruction, including the condition of vegetation, on its right-of-way along C.R. 400 East. Newton County first argues that there is no evidence that this duty, to clear vegetation, fell upon Newton County as the statute specifically names two other parties responsible for inspection. See, I.C. Section 32-26-4-2. It should be noted that to the extent the Bechards are attempting to hold Newton County liable for any loss which resulted from vegetation of the private land owner's property or the Railroad's right-of-way, Newton County is immune from such. See, I.C. Section 34-13-3-3(11). Newton County however, admittedly, is responsible for clearing overgrowth of vegetation in its right-of-way, which is approximately twenty feet on each side of the C.R. 400 East.
Ms. Bechard claims that her view of the oncoming train was obstructed as she approached the crossing at C.R. 400 East. She further alleges that the conditions depicted in photographs provided by Newton County which were submitted by CSX, taken of the scene sometime after the accident, did not accurately depict the condition of the area around the crossing on the date of the accident.2 However, Ms. Bechard could not identify anything that was wrong with the photographs. She did not in any way identify why or in what manner the photographs were different from the accident site.
Newton County claims that on the day of the collision, there were no obstructions or overgrowth of vegetation on the county road right-of-way. Newton County has provided the aforementioned photographs submitted by CSX in response to Request for Production of Documents which they claim proves that there was not an obstruction of view. Newton County claims that it was Ms. Bechard's own conduct, rather than an obstruction of view that was the proximate cause of the accident in issue.
Justice v. CSX Transp. Inc., 908 F.2d 119 (7th Cir.1990) is instructive in this matter. In Justice, it was held that a landowner's duty of care extends to avoiding the creation of visual obstacles that unreasonably imperil the users of adjacent public ways, even if the obstacle is wholly on his land and merely blocks the view across it. Id. at 124. In it, the Seventh Circuit reversed this District Court's judgment in favor of the adjoining landowner, finding no liability. Judge Posner, in the Justice decision held that "[s]o far as it appears from the limited record, had it not been for the obstruction, [Justice] would have seen the train and waited for it to pass before he tried to cross the tracks." Id. Contrary to the Justice case but in line with its holding, in the present matter, there is no basis in the record to conclude that had it not been for an alleged obstruction in Newton County's limited range of responsibility, Ms. Bechard would have seen the train and stopped. Newton County, therefore, cannot be held responsible under a theory of an obstruction of view.
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