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WEBB v. CSX TRANSP., INC.

No. 26004.

364 S.C. 639 (2005)

615 S.E.2d 440

Jack WEBB, Personal Representative of the Estate of Susan Webb, Respondent/Appellant, v. CSX TRANSPORTATION, INC., South Carolina Department of Transportation, and Anderson County, Defendants, of which CSX Transportation, Inc. is, Appellant/Respondent.

Supreme Court of South Carolina.

Decided June 20, 2005.

Rehearing Denied July 21, 2005.

Attorney(s) appearing for the Case

Sarah P. Spruill, Manton M. Grier, and Marvin D. Infinger, all of Haynesworth Sinkler Boyd, P.A., of Columbia, for Appellant/Respondent.

J. Calhoun Pruitt, Jr., of Pruitt & Pruitt, of Anderson, and John E. Parker and Ronnie L. Crosby, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, for Respondent/Appellant.

Justice PLEICONES:

This is a railroad crossing case. Appellant/ respondent (CSX) appeals a jury verdict awarding respondent/appellant (Plaintiff) $3 million actual damages in his wrongful death action; $250,000 actual damages in the survival action; and $875,000 punitive damages. Plaintiff appeals an order finding CSX violated S.C.Code Ann. § 58-17-3420 (1976) but declining to award him damages for this breach. We affirm the order appealed by Plaintiff, but reverse...

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