(The Associated Press distributed the following article on January 14.)
ROGERSVILLE, Tenn. — Norfolk Southern Railway agreed to pay $350,000 to the estate of a Hawkins County couple struck and killed by a train at a grade crossing in 1996.
The out-of-court settlement was reached Jan. 7, just before jury selection in the case began in Hawkins County Circuit Court. The fatal accident occurred Dec. 20, 1996, when driver Charles E. Spears, 66, and his wife, Margie M. Spears, 63, were struck and killed by a westbound train as they attempted to cross the tracks on Tunnel Hill Road.
The lawsuit charged that the railroad failed to install warning lights, bells or gates at the crossing and that the design of the crossing was unsafe for automobile traffic.
Ralph Spears, their son and administrator of the estate, filed a wrongful death lawsuit against the railroad in October 1997 seeking $4 million in damages. The couple left behind three children.
“We’re pleased with the result that we were able to attain for our clients,” said Jeff Hagood, an attorney for the Spears family. “The railroad paid a significant amount of money to resolve this claim with the Spears family. I think that speaks for itself.”