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Eby v. Thompson3/2/2005
Date Submitted: February 8, 2005
Dear Counsel
Following the release of my decision of February 3, 2005, the Plaintiffs filed a timely Motion for Reargument which was granted and heard on February 22, 2005.
The Court remains satisfied that summary judgment should be granted as my opinion remains unchanged that no factual basis exists to permit the Plaintiff to seek punitive damages from the railroad. To hopefully clarify my ruling, I withdraw my February 2, 2005 decision and issue this decision in its place. As to Norfolk Southern Corporation's Motion for Summary Judgment as to the punitive damages claim by Plaintiffs, Jeanette and Deborah Eby, Cynthia Adamire and the Estate of William L. Eby, the motion is GRANTED.
According to Superior Court Civil Rule 56(c), summary judgment should be granted "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The Court must view the record in a light most favorable to the non-moving party, and if it finds that there are no material issues of fact therein, it may grant a motion for summary judgment. The burden is first on the moving party to show that there are no material issues of fact. The burden then shifts to the non-moving party to demonstrate what material issues of fact remain.
On June 29, 2003, in Seaford, Delaware, a collision occurred between a motor vehicle driven by the decedent, William Eby, and a trailer carrying a stump grinder which broke loose from a vehicle driven by defendant Steven J. Thompson. The trailer separated from Mr. Thompson's vehicle just after the truck passed over a set of railroad tracks owned and operated by Norfolk Southern Corporation. The crossing traverses Route 20 just west of the City of Seaford. Mr. Eby was killed in the accident and his wife, Jeanette, was injured. The Plaintiffs, Jeanette Eby, Deborah Eby, Cynthia Adamire and the Estate of William Eby instituted a personal injury and wrongful death suit against several parties. The Defendants include Steven Thompson, Al Gove, Al's Affordable Tree Care, Rental Equipment Center, Inc., Croft Trailer Supply, Inc., and Norfolk Southern Corporation.
Norfolk Southern Corporation (hereinafter "Norfolk") filed this Motion for Summary Judgment in response to Plaintiff's claim for punitive damages. The Plaintiffs allege, inter alia, that the motor vehicle accident was caused by Norfolk's failure to properly maintain and repair potholes in the railroad ties and tracks at the crossing. The police report filed after the accident described the pothole as: damage in the bed of the railroad track on the south edge of the roadway, north of the white fog line, between the rails of the track.
The damage was almost square in shape. The damage measured 1'2" by 1'2" at its largest points. The narrowest width measured 7 and a half inches in length. It measured two and three quarter inches in depth. I watched traffic crossing the tracks on separate occasions, but never observed any eastbound traffic come close to the damaged portion of the railroad track. Vehicles observed ranged from commercial tractor-trailers to compact cars. The center of the damage was located 1'6" north of the south edge of the roadway and 24'6" east of the Reference Point. There was no evidence located at the scene to indicate this occurred as a result of the collision and appears to have been pre-existing damage.
The above portion of the police report is cited for the purpose of indicating the size of the pothole located at the cros
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