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Taylor v. Mississippian Railway9/19/2002
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 09/19/2002
. On April 9, 1998, John Jason Gable was riding his Yamaha four-wheel all-terrain vehicle (ATV) between the rails of a railroad track owned by the Mississippian Railway, Inc. (Mississippian) when he hit a pile of rocks and lost control of his ATV. Gable died as a result of the accident. Linda Taylor, Gable's mother, filed this wrongful death action against the Mississippian contending that the Mississippian was liable for the death of her son because it was negligent in failing to maintain the tracks and that the negligence created a hazardous condition that resulted in the accident that caused the death of Gable. Taylor also contended that the Mississippian was negligent because it failed to warn the "traveling public" of the alleged danger existing on the railroad tracks.
. Following discovery, the Mississippian moved for summary judgment contending that Gable was trespassing at the time of the accident and that there was no proof that the Mississippian willfully and wantonly injured him. The Mississippian contended that there was no genuine issue as to any material fact and that it was entitled to judgment as a matter of law. The Circuit Court of Itawamba County, the Honorable Frank A. Russell, presiding, agreed with the Mississippian and granted the motion for summary judgment by order dated August 28, 2001. FACTS
. On the morning of April 9, 1998, Gable, a 19 year-old man, left his home, located in the Ironwood Bluff subdivision in Itawamba County where he had resided with his mother for approximately one month, to meet Susan Grimes, a fellow employee at Home Care Supply in Tupelo, to catch a ride to work. Gable, along with Grimes, who lived in Smithville, Mississippi, carpooled to work with other individuals who lived in the vicinity. On this particular morning, Gable was without a ride to work or to the carpool; therefore, he rode his ATV in a southerly direction on the railroad tracks from his subdivision toward Smithville. His mother told him not to ride his ATV on the highway. According to the accident report, Gable hit a pile of gravel about 12 inches high and apparently went airborne, causing him to be thrown from the ATV. He suffered massive trauma to his head. According to his mother, Gable typically wore his helmet; however, she stated that he was not wearing his helmet when she saw his body at the scene of the accident. The accident occurred about one mile south of the Ironwood Bluff subdivision crossing. "No Trespassing" signs were posted sometime after the occurrence of the accident.
. Taylor contends that ATV riders consistently used the Mississippian Railway track as a pathway. She stated in her deposition that when she and her son lived in Smithville, before they moved to Ironwood Bluff, her son and a friend of his who lived in Ironwood would frequently use the railway tracks to ride ATVs to each other's home. Taylor stated that it was common knowledge that the trains only ran on Mondays, Wednesdays, and Fridays. However, she stated that people used the railway as a path on a daily basis. She named five people, besides her son, who rode down the tracks on ATVs. She stated that there were no signs stating that a person could not ride an ATV on the tracks, and if a person sat on the tracks, "sooner or later someone would come down the track" riding an ATV. She believed that the railroad knew that people used the railway as a path.
. In his deposition testimony, William Carlisle, an engineer and manager for the Mississippian, stated that he could only remember seeing 5 ATVs within the past 6-8 years on the railways. Carlisle stated he did
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