Frazier v. Carolina Coastal Railway, Inc.

BRYANT, Judge.

Where the undisputed evidence establishes that plaintiff was contributorily negligent as a matter of law in driving across a railroad crossing, the trial court’s grant of summary judgment for defendant is appropriate.

On 16 January 2009, plaintiff Nathalie Frazier drove her northbound vehicle onto the railroad track intersecting Fayetteville Street in Knightdale (“the crossing”) and was struck by a westbound train operated by Carolina Coastal Railway, Inc. (“CLNA”). The collision occurred at 12:28 p.m., under clear weather conditions. The railroad crossing featured warning signs,…