Beal v. Kansas City Southern Railway Company
Missouri Court of Appeals
527 S.W.3d 883 (2017)
Theresa Beal (plaintiff) approached a railroad crossing at night, failed to come to a complete stop at the stop sign, but did look for trains as she approached. Overgrown vegetation and parked cars blocked her view of an oncoming train, which struck her car and seriously injured her. Beal sued Kansas City Southern Railway Company (defendant), claiming it negligently let vegetation and vehicles obstruct the crossing. The Railway Company argued Beal was negligent per se for not stopping fully at the sign. The trial court granted the Railway Company summary judgment, and Beal appealed.
Whether a plaintiff's own negligence completely bars recovery when the plaintiff shows the defendant's negligence also contributed to causing the injury.