Where a railroad crossing presents ultra-hazardous conditions under Kentucky law duties are imposed on train crews to avoid accidents and collisions at these crossings. The Sixth Circuit examined whether ultra-hazardous conditions existed at the railroad crossing at issue in Dugle v. Norfolk Southern, N0-10-6551 (June 21, 2012):
- an ultra-hazardous crossing is "one that obscures the view of the traveling public approaching a crossing. This may consist of cuts, embankments, vegetation or other obstacles that obstruct the view of the traveling public in close proximity to the crossing."
- "a real and substantial obstruction to sight or hearing" must be present
- "such an obstruction may include the overgrowth of vegetation and similar transitory conditions."
The court then reversed a summary judgment granted the railroad and ruled that the existence of ultra-hazardous conditions at the crossing were for the jury to decide:
... no Kentucky case has concluded that sight linges of over-400 feet mandate that the crossing be considered safe as a matter of law. At what point a sight line becomes sufficient to render a crossing not ultra-hazardous is thus a question of fact for the jury.
Robert L. Abell
www.RobertAbellLaw.com
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