Peoples v. CSX Transportation, Inc.

681 So. 2d 1388, 1996 Ala. LEXIS 211, 1996 WL 405318
CourtSupreme Court of Alabama
DecidedJuly 19, 1996
Docket1941268
StatusPublished
Cited by1 cases

This text of 681 So. 2d 1388 (Peoples v. CSX Transportation, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peoples v. CSX Transportation, Inc., 681 So. 2d 1388, 1996 Ala. LEXIS 211, 1996 WL 405318 (Ala. 1996).

Opinion

INGRAM, Justice.

Plaintiffs appeal from a judgment based on a jury verdict in favor of the defendants, CSX Transportation, Inc., and Mobile County. The action was based on the collision of a CSX train with a van owned by Elijah [1389]*1389Sanders. The van was occupied by eight people.

Early in the afternoon of May 1, 1992, 20-year-old Talmadge Sprivey and his 22-year-old cousin Elijah Sanders were riding in Sanders’s van. They stopped at a store to purchase beer. After leaving the store, they saw 18-year-old Edward Murry walking along the road. They stopped for Murry to get into the van. Murry began drinking, along with Sprivey and Sanders. The three proceeded to Ethel Nettles’s home. Fifteen-year-old Vermonkida McNeal, 10-year-old Kimberly McNeal, 18-year-old Sharon Peoples,1 14-year-old Sylvester McCall, and 15-year-old Rachel Moseley were at Ms. Nettles’s home. The group of young people gathered in the front yard around the van, listening to the radio. Around 6:00 or 7:00 p.m., Talmadge Sprivey, Sharon Peoples, Edward Murry, and Elijah Sanders rode to a store to purchase more beer. After these four returned to the Nettles home, some of the young people, including Murry, continued to drink. Around 10:30 p.m. that evening, the group decided to go to a fast food restaurant. Everyone got into the van, which had only two seats in the front. Edward Murry got into the driver’s seat, and Vermonkida McNeal got into the passenger seat. The others got into the back of the van, some sitting in folding-type chairs. Kimberly McNeal was seated in the back of the van on a milk crate.

As they drove down Fernland Road, they approached a railroad crossing. There was a painted railroad warning sign on the roadway near the crossing. The pavement warning sign was somewhat obscured by loose dirt. At the crossing there was a standard cross-buck (an X-shaped railroad warning sign) and also a “stop” sign just before the railroad tracks. Some bushes and trees were growing to the right of the railroad tracks. At trial the testimony conflicted as to whether Murry stopped at the crossing before proceeding across the tracks. A train was approaching the crossing; the engineer was unable to stop the train. It struck the van, killing Kimberly McNeal and injuring the other passengers.

Mary Peoples (the mother of Kimberly McNeal and of two other passengers) and the remaining passengers sued CSX and Mobile County under various theories, including negligence. The jury returned a verdict in favor of CSX and Mobile County on all counts. Six of the plaintiffs (hereinafter referred to as “Peoples”) appealed.

Peoples first argues that the trial court erred in refusing to admit certain photographs of the railroad crossing; Peoples contends that these photographs showed evidence of maintenance performed, rather than “subsequent remedial measures.” Those photographs had been taken at various times after the accident. Peoples contended that the photographs previously introduced by CSX and Mobile County did not accurately depict the scene of the accident at the time of the collision. According to Peoples, the photographs she wanted to introduce showed no significant changes made at the crossing other than the “trimming of vegetation along the railroad right-of-way” and the “repainting of road markings.” Peoples contends that these were “maintenance activities” and “did not alter the essential character of the crossing because the vegetation could — and did— grow back and ... the roadmarkings could— and did — fade again.” However, CSX and Mobile County contended that Peoples’s photographs indicated substantial changes to the railroad crossing and did not an accurately depict the scene at the time of the accident. CSX and Mobile County further contended that the changes were subsequent remedial measures and that the photographs showing them were therefore inadmissible.

In her second argument to the trial court for admission of these photographs, Peoples contended, contrary to her first argument, that the photographs were evidence of subsequent remedial measures but were admissible to impeach the testimony of the county engineer, who had testified that the railroad crossing was “safe.” The trial court rejected both arguments and refused to admit the photographs.

[1390]*1390This Court noted in Phar-Mor, Inc. v. Goff, 594 So.2d 1213 (Ala.1992), that rulings on the admissibility of evidence rest largely within the discretion of the trial court. Such rulings will not be disturbed on appeal in the absence of an abuse of discretion.

The general rule excluding evidence of subsequent remedial measures is that “evidence of repairs or alterations made, or precautions taken, by the defendant after the injury to the plaintiff in an accident [are] not admissible as tending to show the defendant’s antecedent negligence [or culpable conduct].” Goff at 1216 (quoting C. Gamble, McElroy’s Alabama Evidence § 189.02(1) (4th ed.1991)). “Under the rule, subsequent remedial measures have been excluded on two grounds: (1) that evidence of a subsequent repair or change was irrelevant to show antecedent negligence; and (2) that public policy favored promoting safety by removing the disincentive to repair.” Goff, 594 So.2d at 1216. As noted in Goff, even though the rule was established to exclude evidence of subsequent remedial repairs or alterations, evidence of such repairs or alterations can be introduced for certain purposes other than proving antecedent negligence or culpable conduct:

1 “[E]vidence of subsequent remedial repairs ... may be admissible to show identity of ownership, to show control of the locus, to contradict or impeach a witness, or to lessen the weight of an expert opinion. Norwood Clinic, Inc. v. Spann, 240 Ala. 427, 199 So. 840 (1941). Another permissible use may occur where such evidence is offered to establish a condition existing at the time of the accident. Leeth v. Roberts, 295 Ala. 27, 322 So.2d 679 (1975).” ’ ”

Goff, at 1216 (quoting Holland v. First National Bank of Brewton, 519 So.2d 460, 462 (Ala.1987), quoting Banner Welders, Inc. v. Knighton, 425 So.2d 441, 444-45 (Ala.1982)).

As further noted in Goff, again quoting Holland v. First National Bank of Brewton, this Court has “established a three-factor test for the admissibility of evidence of subsequent remedial measures offered for ‘other purposes’ ”:

“ ‘The admissibility of evidence of subsequent remedial measures offered for these ‘other purposes’ depends on three factors: (1) whether the ‘other purposes’ are material; that is, at issue in the case; (2) whether they are relevant to the issue, that is, whether the evidence tends to prove the purpose for which it is offered; and (3) whether the probative value of the evidence is substantially outweighed by its prejudicial effect. The burden is on the party seeking to admit evidence of subsequent remedial measures to establish materiality, relevancy, and probative value in excess of prejudicial effect.’ ”

Goff, at 1216 (quoting Holland, which cited Gamble and Windle, Remedial Measures Doctrine in Alabama: From Exclusion to Admissibility and the Death of Policy, 37 Ala. L.Rev. 547 (1986)).

With respect to the impeachment exception to the subsequent remedial measures doctrine, this Court stated in Blythe v. Sears, Roebuck & Co.,

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Bluebook (online)
681 So. 2d 1388, 1996 Ala. LEXIS 211, 1996 WL 405318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-v-csx-transportation-inc-ala-1996.