Scalabrino v. Grand Trunk Western Railroad

Plaintiff appeals a jury verdict which awarded him a judgment against defendant in the amount of $1.4 million for injuries sustained in a railroad crossing collision between plaintiffs automobile and defendant’s train. The jury reduced the award 95% by finding the plaintiff comparatively negligent.

On appeal, plaintiff raises several allegations of error. The dispositive question is whether it was reversible error for the trial judge to instruct the jury from a Standard Jury Instruction which incorrectly stated the law. We answer in the affirmative and remand for a new trial.

On August 17,…