Smoak Ex Rel. Estate of Smoak v. Seaboard Coast Line Railroad

Littlejohn, Justice:

This common law action for wrongful death arises as a result of a railroad grade crossing collision involving a pickup truck and a freight train. The plaintiff’s intestate was riding as a passenger in the cab of the truck when the collision oc-cured. We are called upon to determine if the intestate was guilty, as a matter of law, of contributory negligence, gross negligence, willfulness and wantonness, so as to bar recovery. Incidental to the verdict for $75,000 actual damages and $25,000 punitive damages, the issue of excessive damages is raised. We must also examine a…