The South Carolina Supreme Court has ordered a new trial in the case of Stephens v. CSX Transportation, where the grandfather of a 12-year-old girl who suffered severe and permanent brain injuries in a train accident is suing the railroad company.
Her mother was behind the wheel at the time the train collided with the vehicle, wherein teen was a rear seat passenger. It would later be revealed the mother was under the influence of alcohol, cough syrup and a muscle relaxer.
However, mother insists she wasn’t intoxicated. Although she stopped at the “stop line” prior to crossing the tracks, she said she neither heard nor saw the train before proceeding. There was no gate or flashing lights at this particular crossing. As she started to cross the tracks, that was the first mother saw of the train. She tried to accelerate off the tracks, but it was too late. She and her boyfriend, a front seat passenger, were seriously injured, but not as badly as her daughter, who will suffer severe cognitive, behavioral and physical disabilities the rest of her life as a result.