75 So. 3d 624
Ala.2011Background
- Collision occurred at Walker Springs Road crossing in Clarke County between a Rolison box-truck and a Norfolk Southern train; drivers Johnson and Grandison were involved and injured.
- Plaintiffs alleged Norfolk Southern obstructed sight lines with boxcars on a sidetrack and/or failed to sound the horn, and alleged excessive train speed; Norfolk Southern denied liability and asserted Johnson’s contributory negligence.
- Trial evidence included photographs, reenactments, eyewitness testimony, and event data from the train’s black box; multiple witnesses described obstructed or unobstructed views depending on evidentiary perspective.
- Johnson testified he stopped behind the crossbuck, looked left and right, did not hear or see a train, and began to ease forward, with boxcars blocking his view to the south.
- The jury found for the Johnson/Rolison plaintiffs on some claims and for Norfolk Southern on others; post-trial motions and remittitur followed, culminating in appellate review.
- The Alabama Supreme Court reversed as to negligence and wantonness claims against Norfolk Southern and as to the property-damage claim, remanding for disposition consistent with the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson was contributorily negligent as a matter of law | Johnson stopped, looked, and listened but boxcars obstructed view. | Johnson should have stopped earlier and would have seen the train; statutory duty applies. | Johnson contributorily negligent as a matter of law |
| Whether wantonness-based liability exists where contributory negligence is established | Evidence showed alleged wanton conduct by Norfolk Southern. | Contributory negligence precludes wantonness liability when the motorist’s actions were sole proximate cause. | No wantonness; proximate cause lies with Johnson |
| Whether Norfolk Southern’s property-damage claims were properly resolved against Johnson | Railroad property damage claims should stand if train crew acted negligently/wantonness. | Damages should be recovered against Johnson given his contributory negligence. | Reversed with remand; Johnson’s conduct foreclosed Norfolk Southern’s property-damage recovery |
Key Cases Cited
- Ridgeway v. CSX Transp., Inc., 723 So.2d 600 (Ala.1998) (contributory-negligence standard and stop-look-listen doctrine at crossings)
- Lambeth v. Gulf, Mobile & Ohio R.R., 273 Ala. 387 (Ala.1962) (stop, look, and listen duty as general rule; contributory negligence per se)
- Callaway v. Adams, 252 Ala. 136 (Ala.1949) (exceptional circumstances to stop-look-listen duty; ordinary care depends on facts)
- Louisville & N.R.R. v. Williams, 172 Ala. 560 (Ala.1911) (context for stop-look-listen duty dependent on familiarity and circumstances)
- Amtrak v. H&P, Inc., 949 F.Supp. 1556 (M.D. Ala. 1996) (federal perspective on crossing negligence and photo-evidence conflict (cited for analogy))
