Columbia flood victim's widow suing Norfolk Southern in husband's 2015 death

The widow of a man killed in Columbia's 2015 floods is suing Norfolk Southern, alleging the railroad's actions led to her late husband's death.

Lois McCarty's suit, filed in federal court, alleges an embankment where the railroad tracks cross South Beltline Boulevard and Gills Creek redirected floodwater onto Devine Street, where her late husband Robert was driving when floodwaters engulfed his car and drowned him.

"The floodwaters that engulfed Mr. McCarty's car were concentrated, increased in volume and recast in Mr. McCarty's direction as a direct and proximate result of Norfolk Southern's ... actions and omissions related to the design, construction oversight and maintenance of the embankment and trestle," the lawsuit says.

Norfolk Southern has denied having any responsibility for the death, saying Robert McCarty was "grossly negligent" to be driving during the flood and that he failed to avoid floodwaters, according to a response filed by Norfolk Southern's attorney, Robert Wray of Gallivan, White & Boyd, P.A.

McCarty, who is being represented by Russell Burke and Jones Andrews of McGowan, Hood & Felder, seeks $100,000 in damages.

A court date has not been scheduled, but an order signed by Chief Judge Terry Wooten on Wednesday sets a March 1, 2019, deadline to reach a mediation agreement.

Lois McCarty sued CSX Transportation Inc. in April 2016 for wrongful death, but that was dismissed in April 2018, a month before she filed suit against Norfolk Southern, court documents show.

A spokeswoman for Wray's firm declined to comment, citing ongoing litigation. Burke and Andrews did not respond to a voicemail seeking comment.

McCarty joins multiple other Richland County residents in a class-action suit in suing the railroad giant over the embankment's alleged role in exacerbating flood damages.

Sabrina Todd, Vince Osborne and Alyssa Smith, who all claim to own property near Gills Creek, said that same embankment caused water to back up and flood upstream properties. Those plaintiffs, whom also are represented by Burke, are seeking financial damages, but the lawsuit does not specify how much they are seeking.

The railroad company has denied any responsibility for the flooded homes. On Tuesday, the case was ordered into mediation.

This story was originally published May 24, 2018 at 3:58 PM with the headline "Columbia flood victim's widow suing Norfolk Southern in husband's 2015 death."