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PLATT v. CSX TRANSP., INC.

No. 26849.

388 S.C. 441 (2010)

697 S.E.2d 575

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, Petitioner, v. CSX TRANSPORTATION, INC., and South Carolina Department of Transportation, Defendants, Of whom South Carolina Department of Transportation is Respondent.

Supreme Court of South Carolina.

Decided August 9, 2010.

Attorney(s) appearing for the Case

David L. Savage , of Savage & Savage, of Charleston; John E. Parker , Ronnie L. Crosby and Matthew V. Creech , all of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Petitioner.

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

Chief Justice TOAL:

Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request for a writ of certiorari to review the court of appeals...

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