Terranova v. Southern Pacific Transportation Co.

761 P.2d 1029, 158 Ariz. 125, 16 Ariz. Adv. Rep. 13, 1988 Ariz. LEXIS 153
Arizona Supreme Court·Decided September 1, 1988·No. No. CV-87-0385-PR·Published·Cited by 4 cases

Opinions

KLEINSCHMIDT, Judge.*

The plaintiff was injured when she drove into the side of a freight train that was standing across a city street. The trial court granted summary judgment against the plaintiff, holding that the only duty the railroad owed was to warn her that the crossing was blocked. The Court of Appeals, Division 2, affirmed. We vacate the opinion of the court of appeals and reverse the order of the trial court granting summary judgment. We hold that giving an adequate warning that a crossing is blocked will not, under every circumstance, discharge the railroad from liability. Instead, the railroad must act as a reasonably prudent person would act under the particular circumstances of each case. Under the facts of this case, a trier of fact could find the railroad did not meet this standard because there was evidence that the railroad needlessly blocked the crossing and that it could have foreseen that, even when warnings are given, blocked crossings result in accidents.

The plaintiff, Elizabeth Terranova, was driving south on 48th Street in Phoenix at 5:00 o’clock on a Sunday morning. It was dark. A Southern Pacific freight train had stopped with its last few cars blocking 48th Street. Although warning lights and bells [127] were operating and nothing obstructed her view of the crossing, the plaintiff collided with the side of the train. There was evidence to suggest that the plaintiff's vehicle had experienced sudden and total brake failure.

There was also evidence that the train was needlessly blocking the street. The engineer testified that switching operations were in progress and that he had ample room to move the train forward so that the 48th Street crossing would be clear. There was further evidence that to save costs, Southern Pacific had decided not to use a nearby switchyard, although use of the switchyard obviated blocking city streets.

The plaintiff proffered an expert witness to prove that warnings notwithstanding, a blocked crossing is more dangerous to motorists than is an unblocked crossing. She also presented statistics for the year 1980 that showed that in this country 540 motorists collided with trains standing at crossings in the dark although flashing lights and bells were working.

THE DUTY OF CARE

The court of appeals relied on “a clear line of Arizona authority” to conclude that the only duty a railroad owes to the traveling public when it blocks a crossing is the duty to provide an adequate warning. It cited four cases for this proposition. Doty v. Southern Pac., 59 Ariz. 449, 129 P.2d 991 (1942); Cope v. Southern Pac., 66 Ariz. 197, 185 P.2d 772 (1947); Atchison T. & S.F. Ry. v. Renfroe, 77 Ariz. 28, 266 P.2d 745 (1954); and Golfinos v. Southern Pac., 86 Ariz. 315, 345 P.2d 780 (1959).

We have a preliminary observation about the cases the court of appeals relied on. In all four of them either the primary or the exclusive focus of attention was on an assessment of the evidence relating to the adequacy of the warnings given. Thus, while the Doty line of cases clearly states the principle for which the railroad cites those cases, in none of them was the court forced to come to grips with the question this case presents. Further, in Doty, upon which Renfroe and Golfinos both rely, the plaintiff conceded that the railroad’s sole duty was to give an adequate warning. In Cope, the plaintiff’s evidence of a failure to warn and of negligent design of the crossing was so weak that the court concluded that a directed verdict was mandatory.

It is not necessary to rely on the distinctions between the Doty line of cases and this case, however, because those decisions were impliedly overruled by the decision of this court in DeElena v. Southern Pac., 121 Ariz. 563, 592 P.2d 759 (1979). In DeElena, the plaintiff’s decedent was killed when she was struck by a train while riding her adult tricycle through a grade crossing. The crossing was marked with pavement markers, a reflectorized warning sign, and a crossbuck on a pole on which were mounted a bell and two flashing red lights. The train had been sounding its horn intermittently as it approached the crossing and the double headlights of the engine were on high beam. The deceased rode directly onto the track in the face of the oncoming train. A jury found against the plaintiff and in favor of the railroad.

The plaintiff’s theory was that the railroad was guilty of negligence, indeed, wanton negligence, in failing to provide the crossing with automatic gates. This court was called upon to consider, among other things, whether the trial court erred in refusing to admit certain studies and reports relating to accidents at railroad crossings which would have supported the plaintiff's argument that there should have been an automatic gate at the crossing. In ruling, this court clearly set forth the standard that governs the duty of a railroad with respect to grade crossings:

Because of the appellee’s [the railroad’s] repeated insistence, both here and in the court below, that its sole duty is to warn travelers on the highway, it is appropriate to reiterate the statement this Court made in 1956 in Southern Pacific Railroad Co. v. Mitchell, 80 Ariz. 50, 292 P.2d 827:
‘It is axiomatic that a railroad company owes to travelers on the highway the affirmative duty of due care in the maintenance and safeguarding of its crossings and in the operation of its [128] trains thereon. What constitutes such due care is measured in each instance by the facts of the particular situation. ******
* * * The common law standard of conduct applicable to a railroad company as to all persons in order to escape liability for injuries of another is to attain the status of a reasonably prudent person under the particular circumstances.’ 80 Ariz. at 58-59, 292 P.2d at 832-33.
Not only must the railroad give reasonable warning of the crossing and the approach of a train, Atchison Topeka & Santa Fe Ry. Co. v. Renfroe, 77 Ariz. 28, 266 P.2d 745 (1954), but it must take precautions commensurate with the danger involved at the crossing to avoid injury to the traveling public. See Peri v. Los Angeles Junction Ry., 22 Cal.2d 111, 137 P.2d 441 (1943). Where, in a congested area, a crossing is obstructed and is the site of an accident:

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Terranova v. Southern Pacific Transportation Co., 761 P.2d 1029, 158 Ariz. 125, 16 Ariz. Adv. Rep. 13, 1988 Ariz. LEXIS 153 (Ark. 1988).

761 P.2d 1029 (Terranova v. Southern Pacific Transportation Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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