Susan Weatherford, 82, was killed in May 2011 when the car she was traveling in became stuck on the tracks and was hit by a Norfolk Southern train in Orangeburg.
The railroad company, along with the South Carolina Department of Transportation, recently reached a settlement with Weatherby’s estate, agreeing to pay a total of $155,000.
Norfolk Southern will pay $95,000 and the DOT will pay $60,000, according to reports.
Court records show that the lawsuit was voluntarily dismissed.
The plaintiffs’ attorneys didn’t immediately respond to messages seeking comment, but William Barnes III of Peters, Murdaugh, Parker, Eltzroth & Detrick in Hampton told the Orangeburg Times and Democrat: “We are glad we were able to obtain a settlement for this family that lost a loved one.”
Richard Ness of Ness & Jett in Bamberg , an attorney for the defendants, , said his firm does not comment on litigation. Representatives for Norfolk Southern and the DOT did not immediately return messages seeking comment.
According to the complaint, Norfolk Southern and the DOT maintained a dangerous crossing.
“The South Carolina Department of Transportation has a duty to provide safe roads and streets for the traveling public,” the lawsuit said. “Both Norfolk Southern and the South Carolina Department of Transportation had actual or constructive knowledge of the dangerous condition at Sellers Avenue crossing, but both failed to take steps to correct this dangerous situation.”
According to the lawsuit, Weatherford’s 20-year-old grandson, Jeremy Weatherford, drove around a car that had stopped for the train when his car became lodged on the tracks. He was able to exit the vehicle before the crash.
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SETTLEMENT REPORT
Wrongful Death
Case name: Rose Diane Chavis et al. v. Norfolk Southern Railway Co. et al.
Case number: 2012-CP-3800530
Court: Orange County Court of Common Pleas
Date: Feb. 27, 2015
Amount: $155,000; Norfolk Southern will pay $95,000 and the South Carolina Department of Transportation will pay $60,000
Attorney for plaintiff: William Barnes III and John Parker of Peters, Murdaugh, Parker Eltzroth & Detrick, Hampton, and Clyde Dean Jr. of the Dean Law Firm, Orangeburg
Attorney for defendant: Paul Tecklenburg of Tecklenburg & Jenkins, Charleston