RGR, LLC v. Settle

Summary

The Supreme Court of Virginia held that Charles E. Settle was contributorily negligent as a matter of law in a wrongful-death action arising from a collision between his dump truck and a train at a private railroad crossing. The Court concluded that Settle failed to exercise reasonable care by failing to look and listen effectively for the approaching train despite his familiarity with the obstructed crossing, and it reversed the jury verdict and entered final judgment for RGR, LLC. Justice Powell, joined by Justice Mims, dissented, arguing that the evidence presented a jury question regarding contributory negligence.

Holdings

1. Settle was contributorily negligent as a matter of law because, despite knowing the crossing's dangerous sightline, he failed to approach it in a manner that would have allowed him to stop when reasonable looking and listening would have revealed the approaching train.
2. The evidence did not present a situation in which reasonable minds could differ about Settle's lack of reasonable care; therefore, the circuit court erred by denying RGR's motions to strike and motion to set aside the verdict.

Questions Presented

1. Whether Settle was contributorily negligent as a matter of law because he failed to look and listen effectively, or failed to stop before entering the railroad crossing, and whether that negligence was a proximate cause of the collision and his death.
2. Whether the evidence required the issue of contributory negligence to be submitted to the jury because the crossing's sightline was obstructed and the train's horn allegedly was not heard.

Disposition

reversed