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Jury Deliberates 1 Hour, Returns $3.2 Million Combined Verdict/Judgement
On October 4, 2024, a jury award about $2.75 million to a Union Pacific Railroad locomotive engineer injured in a grade crossing wreck in rural Louisiana. Prejudgment interest should add another $550,000 to the verdict. The combined amount is $3,200,000.
The injured locomotive engineer was represented at trial by Bristol Baxley.
The case involved a southbound UPRR train that crashed into a lowboy tractor-trailer hauling a box of frac sand. The trailer had gotten stuck on a hump crossing. The inward video definitely showed the crew getting bounced around on impact.
At trial, Mr. Baxley argued the truck driver was at fault because he never should have been on the very small road. The trucking company had a rule requiring its drivers to follow turn by turn directions – not GPS – which the truck driver violated. It was also argued the hump crossing was an open and obvious hazard that the truck driver never should have attempted to cross. Mr. Baxley pointed out the crossing had obvious scrapes where other vehicles had bottomed out – another warning to the truck driver. Finally, Mr. Baxley argued the truck driver dilly-dallied before calling the RR. The truck company was at fault for hiring a driver with a recent wreck and not giving him any training on low trailers and hump crossings.
The 54-year-old locomotive had to undergo a one-level low back fusion. His treating doctor testified he could never return to engineer work but could do light duty. A vocational expert said he would be able to earn about $30,000 per year in the future.
The trial lasted two weeks for various reasons. Nevertheless, the jury quickly deliberated and awarded the injured railroad worker all of his past and future wages, all of his medical bills and a significant sum for pain and suffering.
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More Railroad Grade Crossing Collision Testimonials
- Mr. Michael V. Railroad Crossing Collision Client, Fort Worth, Texas
- Mr. Everett G. Grade Crossing Collision Client, Shreveport, Louisiana
- Mr. Reginald Hobley, Railroad Crossing Collision Client, Natchitoches, Louisiana