FRAZIER v. CAROLINA COASTAL RY., INC.

No. COA13-426.

750 S.E.2d 576 (2013)

Nathalie FRAZIER, Plaintiff, v. CAROLINA COASTAL RAILWAY, INC., ("CLNA") and the Town of Knightdale, all jointly and severally, Defendants.

Court of Appeals of North Carolina.

November 19, 2013.


Attorney(s) appearing for the Case

The Law Firm of Elesha M. Smith, PLLC, by Elesha M. Smith and Renorda E. Pryor , Raleigh, for plaintiff-appellant.

Millberg Gordon Stewart PLLC, by William W. Stewart, Jr. , Morrisville and B. Tyler Brooks , for defendant-appellee.


BRYANT, Judge.

Where the undisputed evidence establishes that plaintiff was contributorily negligent as a matter of law in driving across a railroad crossing, the trial court's grant of summary judgment for defendant is appropriate.

On 16 January 2009, plaintiff Nathalie Frazier drove her northbound vehicle onto the railroad track intersecting Fayetteville Street in Knightdale ("the crossing") and was struck by a westbound train operated by Carolina Coastal...

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