RGR, LLC v. SettleAnnotate this Case
Charles Settle was fatally injured when a train struck the dump truck he was operating. At the time of the collision, Settle was traveling on Kapp Valley Way, and RGR, LLC had stacked lumber near the railroad tracks. Georgia Settle, as personal representative of her husband’s estate, sued RGR and other defendants, alleging that RGR created a hazardous condition by stacking lumber near the railroad tracks and breached its duty of reasonable care to Settle by blocking the view of those traveling on Kapp Valley Way. The jury rendered a verdict awarding $2.5 million to Mrs. Settle. RGR appealed. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court did not err in holding that RGR owed a duty of reasonable care to Settle or in instructing the jury on that duty; (2) the court did not err in finding that Settle was not contributorily negligent as a matter of law and that RGR’s negligence was a proximate cause of the collision; but (3) the circuit court erred in calculating the offset required under Va. Code 8.01-35.1. Remanded.