Berry v. CSX Transportation, Inc. (Kentucky)

This case arose from a fatal accident in which a car failed to negotiate a sharp curve while traveling along a country road that runs adjacent to and underneath CSX’s railroad tracks. The estates of the passengers who died in the accident brought a wrongful-death action alleging that the railroad obstructed or created dangerous conditions along the roadway and thereby contributed to the accident. The jury ruled in favor of CSX, and we successfully defended the verdict against a variety of challenges in two consolidated appeals.