Witham v. Norfolk & Western Railway Co.

MILLER, Judge.

Eddie G. Witham [Eddie] was severely and permanently injured when he disregarded flashing signals and the automobile he was driving was struck by a Conrail train at a crossing owned by the Norfolk and Western Railway [N & WJ. We will refer to the defendants collectively as the Railroad, when appropriate. Witham's guardian and father, Bobby G. Witham, brought suit on behalf of Eddie and for loss of services suffered by himself and Eddie's mother, Betty D. Witham, against N & W, Conrail, and members of the train's crew. After extensive discovery, the Railroad filed a Motion for…