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Ziniti v. New England Central Railroad, Inc.

207 A.3d 463 (2019)

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Ziniti v. New England Central Railroad, Inc.

Vermont Supreme Court
207 A.3d 463 (2019)

Facts

While driving, college student Matthew Ziniti (plaintiff) was struck by a train at a railroad crossing operated by New England Central Railroad (NECR) (defendant). The crossing was located shortly after a covered bridge and was indicated only by a sign on the left side of the road. Ziniti sued NECR for negligence, advancing multiple theories of liability. One theory was that NECR was negligent for failing to also have a sign on the right side of the road or an advance warning sign farther from the crossing. NECR moved for summary judgment on that theory, arguing that Ziniti could not prove that the lack of additional signs caused the collision. NECR relied on evidence showing that the sign on the left was clearly visible while a sign on the right would not be. Also, evidence showed that because of the roadway’s configuration, an advance sign would not have provided drivers with meaningful additional notice of the crossing’s existence. The trial court granted NECR’s motion for summary judgment, and a jury subsequently found in NECR’s favor on Ziniti’s other theories of liability. Ziniti appealed to the Vermont Supreme Court, arguing that the trial court erred in granting summary judgment on the signage theory.

Rule of Law

Issue

Holding and Reasoning (Robinson, J.)

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