(The Associated Press circulated the following story on April 3.)
JACKSON, Miss. — The Mississippi Supreme Court has thrown out a $662,268 judgment against Illinois Central Gulf Railroad in a lawsuit over a car-train accident at a crossing in DeSoto County.
William K. Milward sued the railroad over the Aug. 8, 1998 accident, which occurred during a heavy rainstorm.
A Quitman County jury returned a verdict finding Milward to be 40 percent at fault for the accident, Illinois Central to be 60 percent at fault and Milward’s total damages to be $662,268. The judge denied Illinois Central’s motion to overturn the damage award.
The Supreme Court ruled this past week that Milward didn’t prove the railroad was responsible for the accident. The court pointed to Milward’s drinking at a casino before heading home and his testimony that he did not pull over or stop when he approached the railroad crossing.
Justice Chuck Easley, writing for the Supreme Court, said the evidence in the case was insufficient to establish Illinois Central’s liability.
“Milward’s own testimony established that he drove into the side of the train due to the weather conditions,” Easley wrote. “Milward testified that, but for the weather conditions, he could have seen the train.”
Easley said Milward also admitted he had been drinking. He said there was testimony from a paramedic at the scene that Milward smelled of alcohol and that Milward’s speech was slurred.
“He also stated that he would not have considered pulling off the road or stopping under any condition,” Easley said. “His testimony provided that he was not looking forward when he hit the side of the train, his windshield wipers did not clear the rain and his headlights could not penetrate the rain. He was familiar with the area and knew he was approaching the train tracks.”
According to the court record, Milward, employed by Harrahs Casino in Robinsonville, got off work and went to the Gold Strike Casino to gamble. While at the Gold Strike, Milward played video poker, drank beer and did not eat anything, according to the record.
Due to the weather, Milward testified that he had to look through the corner of the windshield and his side view mirrors to be certain that he was still on the road. Milward admitted that he did not see the train or hear anything until he felt a “bump.”
The train’s engineer testified by deposition that neither he nor the conductor ever saw Milward’s vehicle because of the rain. The engineer said he could see the crossing at Green River Road when he got to it.