Johns v. CSX Transp., Inc.

• Decision Date: 28 September 2016
• Docket Number: CASE No.: 1:14-CV-125 (LJA)
• Parties: Santana JOHNS, individually and as the duly appointed Guardian of Robert Marcus Johns, an incapacitated adult, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.
• Court: U.S. District Court — Middle District of Georgia

210 F.Supp.3d 1357

Santana JOHNS, individually and as the duly appointed Guardian of Robert Marcus Johns, an incapacitated adult, Plaintiff,

v.CSX TRANSPORTATION, INC., Defendant.

CASE No.: 1:14-CV-125 (LJA)

United States District Court, M.D. Georgia, Albany Division.

Signed September 28, 2016

Craig A. Webster, Tifton, GA, Andre T. Tennille, III, Kenneth B. Hodges, III, Atlanta, GA, for Plaintiff.

Jay Clifford Traynham, John Steven Stewart, Walker Steven Stewart, Macon, GA, for Defendant.

ORDER

LESLIE J. ABRAMS, UNITED STATES DISTRICT JUDGE

Before the Court are Plaintiff Santana Johns' Motion for Partial Summary Judgment, (Doc. 25), Defendant CSX Transportation, Inc.'s Motion for Summary Judgment, (Doc. 35), and Plaintiff's Motion to File a Surreply to Defendant's Reply in Support of its Motion for Summary Judgment, (Doc. 55). For the reasons articulated below, Defendant's Motion for Summary Judgment, (Doc. 35), is GRANTED , and Plaintiff's Motion for Partial Summary Judgment, (Doc. 25) and Motion to File a Surreply to Defendant's Reply in Support of its Motion for Summary Judgment, (Doc. 55), are DENIED .

FACTUAL BACKGROUND¹

On August 12, 2013 at approximately 1:08 a.m., Robert Marcus Johns was driving his 1999 Dodge Dakota pickup truck north on Anderson Memorial Church Road ("AMC Road") in Fitzgerald, Georgia, towards a railroad crossing ("AMC Crossing" or "the Crossing"). (See LDVR² 1:08:56-09:02; Docs. 35-127 ¶ 16, 43-3 ¶ 16). As Mr. Johns approached the Crossing, Defendant's train was travelling west on its mainline track towards the Crossing. (See Doc. 35-64 at 19-23). At approximately 1:09 a.m., Defendant's train collided with Mr. Johns' truck at the Crossing. (See LDVR 1:08:56-09:02; Docs. 35-127 ¶ 1; 25-1¶ 1; 43-3 ¶¶ 1, 8). Mr. Johns sustained severe injuries to his head

and body. (Doc. 1 ¶ 24). As a result, he is unable to speak, is bound to a wheelchair, and requires a feeding tube in his stomach. (Doc. 1 ¶ 24).

I. The AMC Crossing

At the AMC Crossing, AMC Road, a two-lane road, intersects Defendant's mainline railroad track. (See Doc. 35-14). The AMC Road generally runs in a north-south direction. (See Doc. 35-4 at 32, 6:2-14). Defendant's mainline track generally runs in an east-west direction. (Doc. 35-5 at 2:1-6). While the track is straight for several miles, it intersects AMC Road at approximately a 72 degree angle. (Doc. 43-3 ¶ 8). Pursuant to federal regulation, Defendant's mainline track at the Crossing is classified as a Class 4 track with a maximum train speed limit of 60 miles per hour. (Docs. 35-99; 35-127 ¶ 31; see also 49 C.F.R. § 213.9 ). Table 100-E of an internal Timetable maintained by Defendant contains a Special Instruction ("TSI") for certain highway-rail grade crossings, requiring that "[c]rews [ ] approach crossings prepared to not foul the crossing until warning devices are functioning or flag protection is provided." (Doc. 17-1 at 71). According to the TSI, the maximum speed at which Defendant's trains could operate at the subject crossings is 15 miles per hour. (Doc. 17 ¶ 10). Prior to the accident, Defendant's trains travelled through the Crossing on a regular basis and as often as every fifteen to twenty minutes at night. (See Docs. 35-4 at 9:4-17; 35-6 at 13:13-20).

The AMC Road is a county road in Ben Hill County, Georgia. (Docs. 35-127 ¶ 2; 43-3 ¶ 2). Towards the south, AMC Road dead-ends at an intersection with Seaboard Road. (Docs. 35-4 at 8:8-14; 35-5 at 10:22-6). A driver turning onto AMC Road from Seaboard Road and proceeding north towards the Crossing would pass a stop sign, stop bar,³ and a railroad crossbuck sign before reaching the railroad track. (See Docs. 35-127 ¶ 3). The stop sign is located approximately 38 feet from the near rail⁴ at the Crossing. (Docs. 43-3 ¶ 4; 25-1 ¶ 2). At the time of the accident, the crossbuck sign to the south of the Crossing was located approximately 17 feet from the near rail of the Crossing. (Doc. 43-3 ¶ 5). The stop bar is painted across the pavement of the north-bound lane and runs in line with the stop sign. (See Doc. 35-108).

On the night of the accident, vegetation was present on Defendant's right of way near the stop sign. (See Docs. 43-3 ¶ 7; 43-1 at 11; 35-36 at 9:6-15). Photographs taken the morning after the accident and testimony from witnesses familiar with the Crossing indicate that a motorist's view from the stop sign looking east towards the mainline track was not obstructed by the vegetation. (See Docs. 35-11). Sean Alexander, one of Plaintiff's expert witnesses, calculated that the track was visible for approximately 300 feet from the stop sign. (See Docs. 52-1 at 25:12-26:3; 52-2 at 1). Other witnesses familiar with the Crossing indicate that the railroad track was visible from the stop sign looking east for three or four miles. (See Docs. 35-4 at 11:11-25, 34; 35-9 at 44:18-46:2; 35-127 ¶ 8).

Plaintiff alleges that, prior to Mr. Johns' accident, there were seven collisions between vehicles and trains at the AMC Crossing, dating back to 1983. (Doc. 1 ¶ 7). Phillip M. Allen, a State Traffic Safety and Design Engineer for the Georgia Department of Transpiration ("GDOT"), expressed concerns about safety at the AMC Crossing in a letter dated April 1, 2002 and addressed to the Larry Davis, Chairman of the Ben Hill County Board of Commissioners ("The Board"). (Doc. 35-34 at 11-13). Mr. Allen noted that a study of the Crossing conducted by his office found that "the [C]rossing qualifies for train activated railroad warning devices consisting of flashing lights, bells and gates" but that the AMC Road was too narrow to accommodate the warning devices. (Id. at 11). Mr. Allen stated that the GDOT was willing to launch a project to install the warning devices but noted that "maintenance of the signs and pavement markings w[ould] be [The Board's] responsibility." (Id. ) He also stated,

[i]f you will agree to widen the road to a minimum of 20 feet for 150 feet before each approach of the crossing we can pursue our project. Of course this will also require working with the railroad for the widening of the crossing surface to accommodate the new widened roadway width. Once this is agreed to between you and the railroad, and the work is completed please let this office know.

(Id. ) The bottom of the letter indicated that it was copied to four other individuals associated with the GDOT and also listed the information for Mr. Doug Halpin at CSX Transportation as the railroad contact. (Id. ) Mr. Halpin was not copied on the letter, and there is no evidence that Defendant or any of its representatives received or were aware of the GDOT letter.

II. The Accident

At the time of the accident, Mr. Johns had been employed at the American Blanching plant for approximately 11 months. (Doc. 35-17 at 19:18-20:7). The American Blanching plant building and parking lot are located in the northeast quadrant of the Crossing. (See Docs. 35-4 at 32, 9:18-21; 35-5 at 11:7-9; 35-69 at 17:3-5). Mr. Johns worked seven days each week from 7:00 p.m. to 7:00 a.m. (Doc. 35-17 at 20:11-14). For at least 5 months prior to the accident, Mr. Johns' route to work from his house required him to drive his truck along Seaboard Road, turn left to travel north on AMC Road, traverse the AMC Crossing, and then turn right into the parking lot of the American Blanching Plant. (See Docs. 35-127 ¶ 12; 35-17 at 19:18-20:7; 35-18 at 21:1-22, 27:3-29:18). Prior to the accident, Mr. Johns and Plaintiff had discussed the importance of stopping his vehicle at the stop sign at the Crossing and exercising caution in driving across the railroad track. (See Docs. 35-18 at 21:23-23:14; 35-127 ¶ 14). Mr. Johns was returning to the American Blanching plant following his lunch break when the accident occurred. (Doc. 35-127 ¶ 16).

On the night of the accident, Defendant's train was operated by engineer Michael McDonald. (See generally Doc. 35-64). Mr. McDonald was seated on the right side of the lead locomotive. (Id. at 11:25-12:13). The conductor, Ronnie Weeks, was seated on the left side of the locomotive. (Doc. 35-69 at 6:20-25). As the train entered the city of Fitzgerald, it was travelling at approximately 45 miles per hour. (See LDVR at 1:08:35-09:00). Mr. McDonald noted that the train would be approaching several crossings and started slowing the speed of the train. (Doc. 35-64 at 9:21-25; 11:11-16). Before the train reached the Crossing, the headlight on the lead locomotive was burning, the ditch lights were flashing, and Mr. McDonald sounded four horn blasts. (See LDVR 1:08:35-09:02; Docs. 35-6 ¶ 26; 35-127 ¶ 17).

Defendant's train was equipped with an event data recorder ("EDR"). (See Doc. 35-59 at 20:17-24). The EDR printout indicates that the first horn blast was initiated approximately 23 seconds before Defendant's train arrived at the AMC Crossing, sounded for approximately 2.4 seconds, and was followed by approximately 3.9 seconds of silence. (See Docs. 35-59 at 21:17-22:4; 35-62 at 2; 35-61 at 8; 25-2 at 8-9; 43-1 at 14; 35-1 at 17). The second blast was initiated approximately 16 seconds before the Crossing, sounded for approximately 2.4 seconds, and was followed by approximately 5.1 seconds of silence. (See Docs. 35-59 at 22:5-11; 35-61 at 8; 25-2 at 8; 43-1 at 14; 35-1 at 17). The third blast was initiated approximately 7 seconds before the Crossing, sounded for approximately 3.1 seconds, and was followed by approximately 4 seconds of silence. (See Docs. 35-59 at 22:12-17; 35-61 at 8; 25-2 at 8; 43-1 at 14; 35-1 at 17). The fourth blast was initiated approximately 2 seconds before the Crossing and sounded for approximately 3.6 seconds. (See LDVR 1:08:56-09:03; Docs. 35-59 at 22:18-23:5, 35-61 at 8; 35-1 at 17).

As Defendant's locomotive approached the AMC Crossing, Mr. McDonald and Mr. Weeks were watching the tracks ahead when they noticed a vehicle to the right of the locomotive pulling out of the American Blanching plant's parking lot. (See Docs. 35-64 at 9:21-10:5; 35-69 at...