Beal v. Kansas City Southern Railway Company
Missouri Court of Appeals
527 S.W.3d 883 (2017)
Theresa Beal (plaintiff) was driving her car toward a railroad crossing in the evening hours. Beal did not come to a complete stop at the stop sign near the crossing, but she looked for trains on the track as she approached. Some vegetation had grown near the crossing, and vehicles were parked near the crossing in the same direction. A train was approaching from that direction and struck Beal’s vehicle. Beal suffered serious injuries from the crash and sued the Kansas City Southern Railway Company (defendant). Beal alleged the Railway Company was negligent in failing to ensure the railroad right-of-way was free from visual obstructions, including vegetation and parked vehicles. The Railway Company alleged that Beal was negligent per se by violating state laws and local ordinances that required a complete stop at a stop sign. The trial court granted the Railway Company’s motion for summary judgment. Beal appealed.
Rule of Law
Holding and Reasoning (Ahuja, J.)
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