On the morning of June 3, 2001, Gregory Williams was killed at a railroad grade crossing in Swansea, South Carolina. Mr. Williams was on his way to work. He was struck by a piece of CSX track equipment. In a multi week trial, the firm proved Mr. Williams stopped at a stop sign for the crossing and looked both ways before entering the crossing but that his view was obstructed by overgrown vegetation in CSX’s right-of-way.

The jury awarded Mr. Williams’ mother $4,500,000.00 in actual damages and $7,500,000.00 in punitive damages. The trial judge reduced the punitive damages award to $4,500,000.00. In an unpublished opinion, the South Carolina Supreme Court affirmed the jury’s actual damages award but reversed and remanded the punitive damages award for a new trial. The parties settled the punitive damages claim before the second trial.

On the evening of June 17, 2000, the vehicle in which Susan Webb was a passenger was struck by a CSX train as she and her sister-in-law, Doris Medlin, were returning to her home in Pelzer, South Carolina. Ms. Webb was killed due to injuries she sustained in the accident. PMPED brought suit on behalf of Ms. Webb’s estate, alleging the available sight distance at the crossing, based on the train speed, was inadequate due to the overgrown vegetation.

After a three-week trial, an Anderson County jury awarded $3.25 million in actual damages and $875,000 in punitive damages. On appeal, the South Carolina Supreme Court reversed the actual and punitive damages verdicts and remanded the case to for retrial. The parties reached a settlement prior to the second trial.

The firm brought suit against CSX Transportation, Inc. in Hampton County on behalf of Danny Whaley, an injured locomotive engineer. A jury in Hampton County awarded Mr. Whaley $1,000,000.00 following a multi-week trial. On appeal the South Carolina Supreme Court reversed the verdict holding venue was improper in Hampton County.

The case was remanded for trial in Greenwood County. On retrial, a Greenwood County jury found damages for Mr. Whaley of $1,500,000.00.

More details here.