Roundtree v. Seaboard Coast Line R. Co.

• Decision Date: 17 August 1976
• Docket Number: Civ. A. No. 73-569.
• Citation: 418 F. Supp. 220
• Parties: George L. ROUNDTREE, a minor, et al., Plaintiffs, v. SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Defendant.
• Court: U.S. District Court — Middle District of Florida

418 F. Supp. 220

George L. ROUNDTREE, a minor, et al., Plaintiffs, v. SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Defendant.

Civ. A. No. 73-569.

United States District Court, M. D. Florida, Tampa Division.

August 17, 1976.

Jesse D. Henry, Henry, Stroemer & Harrington, Miami, Fla., for plaintiffs.

Sam H. Mann, Jr., John M. Elias, Harrison, Greene, Mann, Rowe & Stanton, St. Petersburg, Fla., for defendant.

MEMORANDUM

JOHN L. MILLER, District Judge, Sitting by Assignment.

This wrongful death action resulted in a jury verdict for defendant Seaboard Coast Line Railroad (Seaboard). The several plaintiffs have filed a motion for a new trial. Plaintiffs' theory of liability, sounding in negligence, is that defendant maintained inadequate lighting signals and other warning devices so as to improperly notify a motorist of an approaching train. They also contend that the subject railroad crossing and the immediate area surrounding it (roadway direction, terrain features, etc.) constituted a hazardous condition of which Seaboard had prior notice and failed to take precautionary corrective measures. We preface our discussion of the issues raised by said motion with the following summary of the relevant facts.

The instant action had its tragic genesis in a train-truck collision that occurred in the morning hours of June 14, 1973 several miles east of Zephyr Hills, Florida. Maple Roundtree, the several plaintiffs' decedent and operator of a 1971 Chevrolet pick-up truck, was traveling east on state highway 54 with three of her minor children. The collision resulted in the death of Mrs. Roundtree.

The trial disclosed undisputed evidence that the accident took place sometime between 8:30 and 9:00 A.M. The weather was very clear and sunny, the roadway dry. The evidence also demonstrated that one traveling east at that time of the morning would be driving directly into the path of the rising sun. Thus a bright morning would serve to impair the vision of an eastbound motorist.

A few miles east of Zephyr Hills state highway 54 intersects with north-south bound railroad tracks owned by Seaboard. The speed limit on highway 54 was posted at 65 miles per hour. There was testimony supporting a conclusion that Mrs. Roundtree was traveling at or near that speed when the mishap took place. The roadway was straight and the area along its borders fairly wide open. Skid marks on the roadway from the Roundtree vehicle measured 60 to 70 feet.

There was a round disk sign indicating "RR" for railroad stationed approximately 600 feet west (and east) of the crossing. Similar railroad indicators were painted on the highway pavement well in advance of the crossing over which motor vehicular traffic must travel. Additionally, at the crossing there were two standard railroad crossbucks (one on each side of the highway) that provided signal lights which were reflectorized and also flashed when a train was nearing the crossing. While the evidence is in dispute as to whether these lights were flashing at the time of the subject accident (or when they began to flash) we must presume, as the jury found, that they were operating normally. The record also reflects that the decedent was familiar with the roadway and crossing.

It was brought out that a stand of trees on the northern side of the roadway somewhat impeded the vision one traveling east had of an approaching southbound train. However Trooper Marshall, who assisted in the investigation of this accident, stated that at a point 300 feet west of the crossing a fairly good northerly view of the track could be had. He could not state however how far up the track an eastbound motorist could see from a point 300 feet west of the crossing. The foregoing evidence is corroborated by Trooper Welden, the Florida Highway Patrol officer who was in charge of the investigation.

Later in the trial it was established that an eastbound motorist would be 256 feet from the crossing when a clear and unobstructed view could be had of a southbound train situate at a point 150 feet north of the intersection with highway 54. For the limited purpose of eliciting an expert opinion it was stipulated by counsel that the Roundtree truck was traveling 65 miles per hour and the train 42 miles per hour. With these factors plaintiffs' expert, Mr. Delton Dollar, testified that the average motorist would need a stopping distance of 282 feet or 26 feet more than allowed by the stand of trees which obstructed one's view of the northern section of track.

It was learned on cross-examination of Mr. Dollar that a train could be viewed by an eastbound motorist from a point more than 256 feet west of the crossing but such a view would be partially obstructed. Mr. Dollar conceded that, had Mrs. Roundtree been traveling 60 or 55 miles per hour and seen the train at the point 256 feet west of the intersection, she would have been able to stop before engaging the crossing. He also stated that if, as Seaboard maintained, the flashing lights were properly triggered by the approaching train, Mrs. Roundtree would have been warned over ½ mile away from the crossing. Seaboard also introduced into evidence a Florida statute that required motor vehicle operators to slow down when nearing railroad crossings, notwithstanding the posted speed limit.

While the Court firmly believed that the evidence offered at trial strongly favored Seaboard we permitted the case to go to the jury. After a lengthy charge—to which no exceptions were taken by the plaintiffs— the jury, after deliberating a very short time, returned a verdict for Seaboard.

Pursuant to Rule 59 of the Federal Rules of Civil Procedure plaintiffs have moved for a new trial. While the motion advances six separate grounds we were advised by counsel at argument that only two survive.

First plaintiffs contend that the verdict is against the weight of the evidence. At the time of trial we believed plaintiffs' case to be rather weak. After reviewing our notes of the testimony our views have not changed. Except for Mr. Dollar's testimony plaintiffs' case rested primarily on...