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PLATT v. CSX TRANSPORTATION, INC.

No. 4394.

379 S.C. 249 (2008)

665 S.E.2d 631

Beaulah PLATT, as guardian for Asia Platt, a minor under the age of fourteen years, as Personal Representative of the Estate of Valerie Marie Platt, deceased, and as Personal Representative of the Estate of William Leroy Platt, deceased, Appellant, v. CSX TRANSPORTATION, INC., and South Carolina Department of Transportation, Defendants, of whom South Carolina Department of Transportation is Respondent.

Court of Appeals of South Carolina.

Decided May 20, 2008.

Rehearing Denied August 26, 2008.

Attorney(s) appearing for the Case

David L. Savage, of Charleston; Ronnie Lanier Crosby, of Hampton, for Appellant.

Jonathan J. Anderson, Lisa A. Reynolds, and Eric M. Johnsen, all of Charleston, for Respondent.

ANDERSON, J.

Beaulah Platt, as guardian of Asia Platt and as personal representative of the estates of Valerie Platt and William Leroy Platt, appeals the trial court's grant of summary judgment in favor of the South Carolina Department of Transportation (Department). Platt contends: (1) the Department had a duty to protect the public from the dangerous condition created by a malfunctioning railroad warning device; (2) the...

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