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STEPHENS v. CSX TRANSP., INC.

No. 27587.

415 S.C. 182 (2015)

781 S.E.2d 534

Willie Homer STEPHENS, Guardian ad Litem for Lillian C., a minor, Petitioner, v. CSX TRANSPORTATION, INC. and South Carolina Department of Transportation, Respondents.

Supreme Court of South Carolina.

Decided November 4, 2015.

Rehearing Denied February 11, 2016.

Attorney(s) appearing for the Case

John Paul Detrick , John E. Parker , Grahame Ellison Holmes , Matthew Vernon Creech , all of Peters Murdaugh, Parker, Eltzroth & Detrick, P.A., of Hampton; and Carl H. Jacobson , of Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith, P.A., of Charleston, all for petitioner.

Ronald K. Wray, II , and Thomas Edward Vanderbloemen , both of Gallivan, White & Boyd, P.A., of Greenville; Jonathan P. Harmon , of McGuire Woods, L.L.P., of Richmond, VA; James W. Purcell of Fulcher Hagler, L.L.P., of Augusta, GA; Andrew F. Lindemann , of Davidson & Lindemann, P.A., of Columbia, and Peden B. McLeod, Sr. , of McLeod, Fraser & Cone, L.L.C., of Walterboro, all for respondents.

This negligence action arose out of a collision involving a train and an automobile at a railroad crossing. Willie Homer Stephens ("Petitioner"), as Guardian ad Litem for his minor granddaughter who suffered a traumatic brain injury while a passenger in her mother's vehicle, filed suit against CSX

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