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Lacy v. CSX Transportation, Inc. | 520 S.E.2d 418 (1999)

In cases with multiple negligent defendants, juries decide how much fault to assign each. But legal factors, like joint and several liability, could affect the amount of damages each defendant pays. Should juries be informed of that? Lacy versus C S X Transportation addressed that question.

Cacoe Sullivan drove with her fiancée, Richard Brooks, and her mother, Tanya Lacy, down Third Avenue, which ran parallel to two railroad tracks owned by C S X Transportation. Up ahead, Sullivan saw that the warning lights and gates of a railroad crossing she planned to cross had activated because of a slow-moving train that was several hundred feet away. Believing she had plenty of time to beat the train, Sullivan ran the stop sign at the intersection and drove around the lowered gate onto the tracks. But a fast-moving train on the second track struck the car, injuring Lacy and paralyzing Brooks.

Lacy and Brooks sued Sullivan and C S X, arguing that C S X was negligent for allowing slow and fast trains to approach the crossing simultaneously. Witnesses testified that locals often drove around the lowered gate because it activated long before slow trains came within a dangerous proximity.

At closing, over Lacy’s and Brooks’s objections, the judge allowed C S X’s attorney to tell the jury that Lacy would demand the entire award from C S X because she wouldn’t want to collect from her daughter, Sullivan, and that assigning even one percent liability to C S X would be the same as finding it solely liable. Ultimately, the jury assigned one percent negligence to C S X, Lacy, and Brooks, respectively, and ninety-seven percent to Sullivan, finding her negligence as the sole proximate cause of the accident.

Accordingly, the trial court entered judgment in C S X’s favor. Lacy and Brooks appealed to the West Virginia Supreme Court of Appeals.

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