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BONACORSI v. WHEELING & LAKE ERIE RY. CO.

No. 2000-2278.

95 Ohio St.3d 314 (2002)

BONACORSI, APPELLANT, v. WHEELING & LAKE ERIE RAILWAY COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided May 22, 2002.

Attorney(s) appearing for the Case

Linton & Hirshman, Robert F. Linton, Jr., and Mark W. Ruf; Allen Schulman & Assoc., Inc., and Allen Schulman, Jr., for appellant.

Howes, Daane, Milligan, Kyhos & Erwin, L.L.P., Philip E. Howes and Thomas R. Himmelspach, for appellee.

Squire, Sanders & Dempsey, L.L.P., and Charles F. Clarke, urging affirmance for amicus curiae Association of American Railroads.

Clark, Perdue, Roberts & Scott Co., L.P.A., and Paul O. Scott; and Dorothy H. Bretnall, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

DOUGLAS, J.

{¶ 1} In July 1996, plaintiff-appellant, Cris A. Bonacorsi, was seriously injured1 when the motorcycle he was driving collided with the engine of a freight train at a railroad crossing on Howe Road in Brimfield Township, Ohio. The train was owned and operated by defendant-appellee, Wheeling & Lake Erie Railway Company ("W&LE").

{¶ 2} At the time of the accident, signs were posted along Howe Road warning...

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