RGR, LLC v. Settle

Decedent was fatally injured when a train struck the dump truck Decedent was operating. RGR, LLC operated a business offloading and reloading lumber adjacent to the railroad tracks. Decedent’s Estate filed a wrongful death action against RGR and others, alleging that Defendants created a hazardous condition by stacking lumber near the railroad tracks, which blocked the view of Decedent so that he could not see the approaching train in time to avoid the collision. The jury returned a verdict for the Estate in the amount of $2.5 million. The Supreme Court reversed the circuit court’s judgment and entered final judgment for RGR, holding that the evidence established that Decedent was contributorily negligent as a matter of law because he did not look to see if a train was approaching, and his failure to do so was a proximate cause of the accident. View "RGR, LLC v. Settle" on Justia Law