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CSX Transp. Inc. v. Deen

The plaintiff failed to show that a rear-end collision, which propelled her car into a train, was a reasonably foreseeable outcome of the lack of reflectorized crossbucks at the railroad crossing.

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Patricia Deen was stopped at a train crossing, and her car was struck in the rear by a drunk driver. The collision propelled Deen into a train, rendering her a quadriplegic. Deen filed suit against CSX Transportation, Inc. CSX, alleging that CSX was negligent in maintaining the crossing. CSX moved for summary judgment, arguing that Deen was unable to prove causation. The trial court denied the motion. CSX also filed a motion in limine to exclude certain evidence, which the trial court granted. Both parties applied for interlocutory review, and we granted the applications. In Case Number A04A1528, CSX appeals the trial court’s denial of its motion for summary judgment. In Case Number A04A1529, Deen appeals from the order granting CSX’s motion in limine. As the cases involve the same operative facts, we have consolidated them on appeal. For reasons that follow, we reverse Case Number A04A1528 and dismiss Case Number A04A1529 as moot.

Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review, and we “view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.”2

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