RGR, LLC v. SETTLE

Record No. 130633.

758 S.E.2d 215 (2014)

RGR, LLC v. Georgia SETTLE, Personal Representative of the Estate of Charles E. Settle, Sr., Deceased.

Supreme Court of Virginia.

June 5, 2014.


Attorney(s) appearing for the Case

Robert W. Loftin ( Charles L. Williams ; James C. Skilling ; J. Tracy Walker, IV ; S. Virginia Bondurant ; Williams & Skilling; McGuireWoods, on brief), for appellant.

Robert J. Cynkar ( Christopher Kachouroff ; Kevin L. Locklin ; McSweeney, Cynkar & Kachouroff; Locklin & Mordhorst, on brief), for appellee.

Present: All the Justices.


Opinion by Chief Justice CYNTHIA D. KINSER.

In this wrongful death action arising out of a collision at a private railroad crossing, we conclude that the decedent, Charles E. Settle, Sr. (Settle), was contributorily negligent as a matter of law because he failed to act as a reasonable person would have acted for his own safety under the particular circumstances of this case. Therefore, we will reverse the circuit court's judgment upholding a jury verdict in favor...

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