Toomer v. Norfolk Southern Railway Co.

GOOLSBY, Judge:

Norfolk Southern Railway Company appeals the grant of summary judgment in favor of Frankie Lee Tyler on its cross-claim for equitable indemnity. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On May 18, 1995, Lamont Leon Livingston was riding as a passenger in a vehicle driven by Frankie Lee Tyler on South Carolina highway S-38-1029 in Orangeburg, South Carolina. As the vehicle attempted to cross a train track owned by the Norfolk Southern Railway Company (“Norfolk Southern”), a Norfolk Southern train struck the vehicle, resulting in fatal injuries to Livingston.

On May 14, 1997, in…