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TOOMER v. NORFOLK SOUTHERN RY. CO.

No. 3303.

344 S.C. 486 (2001)

544 S.E.2d 634

Linda TOOMER, Laura M. Simpson, and Tammy Taylor, Personal Representatives of the Estate of Lamont Leon Livingston, Deceased, Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, South Carolina Department of Transportation, Orangeburg County, and Frankie Lee Tyler, Defendants, Of whom Norfolk Southern Railway Company, is, Appellant, and Frankie Lee Tyler is Respondent.

Court of Appeals of South Carolina.

Decided February 20, 2001.

Rehearing Denied April 23, 2001.

Attorney(s) appearing for the Case

Robert L. Widener, Robert W. Dibble and Robert A. Muckenfuss, all of McNair Law Firm, of Columbia, for appellant.

William P. Davis and Kirby D. Shealy, III, both of Baker, Barwick, Ravenel & Bender, of Columbia, for respondent.

GOOLSBY, Judge:

Norfolk Southern Railway Company appeals the grant of summary judgment in favor of Frankie Lee Tyler on its cross-claim for equitable indemnity. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On May 18, 1995, Lamont Leon Livingston was riding as a passenger in a vehicle driven by Frankie Lee Tyler on South Carolina highway S-38-1029 in Orangeburg, South Carolina. As the vehicle attempted to cross a train track owned by the

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