SMITH Et Al. v. NORFOLK SOUTHERN RAILWAY COMPANY

BARNES, Presiding Judge.

This appeal arises out of a fatal collision between a freight train and a pickup truck at a railroad crossing. Before the collision between the train and pickup truck, the truck was involved in a motor vehicle accident with another car and had come to rest on the railroad tracks as a result. Apassenger in the truck subsequently was killed when the train owned by Norfolk Southern Railway Company entered the crossing and struck the truck. The plaintiffs, who are the children of the deceased truck passenger, 1 filed this wrongful death action against Norfolk Southern,…