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LACY v. CSX TRANSP. INC.

No. 25341.

520 S.E.2d 418 (1999)

205 W.Va. 630

Tanya L. LACY and Michael Lacy, Her Husband, Plaintiffs Below, Appellants, v. CSX TRANSPORTATION, INC., Defendant Below, Appellee. Richard Brooks, Plaintiff Below, Appellant, v. CSX Transportation, Inc., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 28, 1999.

Dissenting Opinion of Justice Workman July 12, 1999.

Attorney(s) appearing for the Case

John H. Skaggs, Esq., Calwell & McCormick, Charleston, West Virginia, Attorney for Appellant Brooks.

William M. Tiano, Esq., Berthold, Tiano & O'Dell, Charleston, West Virginia, Attorney for Appellants Lacy.

Thomas J. Murray, Esq., Mary O'Neill, Murray & Murray, Sandusky, Ohio, Attorneys for Appellants Lacy and Brooks.

Marc E. Williams, Esq., Robert L. Massie, Esq., Paul J. Loftus, Esq., Huddleston, Bolen, Beatty, Porter & Copen, Huntington, West Virginia, Attorneys for Appellee CSX.

McGRAW, Justice:

Plaintiff-appellants Tanya Lacy and Richard Brooks were injured when the car in which they were passengers collided with a train operated by appellee CSX Transportation, Inc. ("CSX"), at a grade crossing in St. Albans, West Virginia in January 1995. Plaintiffs brought actions against both CSX and the driver of the car, Cacoe Sullivan, in the Circuit Court of Kanawha County. At the close of a two-week trial...

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