Earlier this month, the Supreme Court of Virginia issued a written opinion in an interesting case brought by the surviving family of a man who was killed by a train. The case required the court to discuss the “last clear chance” doctrine and its applicability to cases in which both the accident victim and the defendant may have been negligent. Ultimately, given the specific facts of the case, the court determined that the plaintiff’s case should proceed to trial.
The plaintiff’s husband was killed as he was walking next to a set of railroad tracks. According to the court’s opinion, the plaintiff’s husband was walking next to the tracks, listening to music on his phone, when a train approached. Evidently, the plaintiff’s husband was unable to hear the approaching train due to the music, and as the train passed him, a part of the train that overhung past the tracks struck the plaintiff’s husband. He was killed instantly.
The plaintiff filed a wrongful death lawsuit against the company that owned the train, as well as the conductor and engineer. She claimed that, notwithstanding any possible negligence of her deceased husband, the defendants were the one with the last opportunity to avoid the collision, but they failed to do so. The trial court disagreed with the plaintiff’s argument and granted summary judgment in favor of the defendants.