Business Law Conclusion Essay Example

whether the drugstore owners should be held liable for Booker's in uries? Explain. 10. Michelle Wightman was driving tow rd a railroad crossing at which the gates were down and the lights flashing. Wightman noted a s pped train a short distance from the gate. Believing the stopped train to be the cause of the c osed gate, she drove around the gate and was struck and killed by a train that suddenly appea ed from behind the stopped train. The stopped train had blocked her view of the oncoming trs in.

Both trains were owned and operated by Consolidated Rail Corporation ~CRC). Wightman s mother brought a wrongful death lawsuit and a survivorship action against CRC. In response, CRC claimed that Wightman's action of driving around the gates, iln violation of both state and city law regarding the operation of a motor vehicle at a railroad crossing, constituted ne ligence on her part. Furthermore, CRC argued that if Wightman had not crossed the tracks she would not have been struck by the train.

Therefore, her actions were the sole cause of the ac ident, and the railroad corporation should not be held liable for her death. The attorney for the pl intiff argued that the placement of the first train, blocking the view of the other track, contribut d to the accident and that CRC should be held liable for Wightman's death. Should Wightm n's own negligence be a complete bar to the plaintiffs recovery of damages in this case? E plain.