Union Pacific settles with victims of train crash
Mother sued for wrongful death of child
Confidential settlement Plaintiff filed a wrongful death and negligence lawsuit against Union Pacific when the company's locomotive struck her vehicle, injuring her, two of her children and killing her six year old daughter. Union Pacific settled with plaintiff for a confidential amount.
On July 17, 2002, plaintiff Christal Baker, six year olds Autumn and Tiana Valdez, and 10 year old Adam Valdez were traveling in a pickup truck in Wooldridge, Mo. They were involved in a collision with a Union Pacific locomotive at a railroad grade crossing located on Klein Road. The grade crossing was equipped with cross buck signs, but no lights or gates.
Baker suffered a broken back, closed head injury and severe and permanent emotional trauma. Adam Valdez suffered a depressed skull fracture resulting in permanent brain injury. Tiana Valdez suffered a lacerated spleen, broken ankle and severe and permanent emotional trauma. Autumn Valdez died at the hospital shortly after the accident as a result of massive head trauma.
Baker sued on behalf of her own injuries, injuries for two of her children and for the wrongful death of her daughter. The plaintiff alleged numerous counts of negligence against Union Pacific. She claimed that the crew of the locomotive failed to sound their horn prior to the crossing in violation of Union Pacific standards and state and federal law.
The plaintiff also argued that the sight lines at the grade crossing were severely obstructed by excessive vegetation and rail cars stored too close to the crossing in violation of Union Pacific standards and Missouri law.
Discovery revealed that the crew of the locomotive had failed to properly sound a warning at least 16 times in the 100 miles prior to the crossing where the collision occurred. The crew was terminated by Union Pacific as a result for showing an indifference to the safety of the public and themselves. Discovery also revealed significant evidence showing that the rail cars were stored too close to the crossing in violation of Missouri law.
Union Pacific argued that Baker failed to yield at the crossing and was at fault in the collision. Union Pacific settled with all plaintiffs for a confidential amount.
Type of Action: Negligence —Wrongful death
Type of Injuries: Death of a 6 year old child; severe and permanent brain injury to 10 year old child; severe injuries to 6 year old child and 36 year old woman.
Court/Case No./Date: St. Louis City Circuit Court/ 032-652/May 10, 2005
Caption: Baker, et al. v. Union Pacific Railroad, et. al
Judge, Jury, ADR: Jury
Name of Judge: Not assigned at time of settlement
Special Damages: Adam Valdez life care plan $12,650,204.00; Tiana Valdez $7,294,412.00; Christal Baker life care plan $2,545,332.00.
Verdict or settlement: Confidential Settlement
Attorneys for Plaintiff: Robert L. Langdon and Robert C. Sullivan, Langdon & Emison, Lexington, Mo.; Greg Copeland of Columbia, Mo.
Plaintiff's Experts: Dr. Ken Heathington (Accident Reconstruction), Jimmy Scott (Train Operations), Alan Blackwell (Railroad Policy & Procedure), Harvey Levine (Railroad economist), Ray Frogge (Surveyor), Gary Huett (photogrammetry), Dr. Bernard Pettingill (Economist), Dr. Robert Voogt (Life Care Planner), Dr. Wayne Stillings (Neuropsychologist), Dr. Michael Maurizi (Psychologist), Dr. Garth Russell (Orthopedic Surgeon), Dr. Janet Farmer (Pediatric Neuropsychologist), Dr. William Stiers (Neuropsychologist), Dr. Stephanie Reid-Arndt (Neuropsychologist), Dr. John Oro (Neurosurgeon)
Defendants' Experts: Joseph Blaschke (Sight Distance), Alfred Bowles (seat belts), Lawrence McKenna (seat belts), Steven Jones (Animation), Kevin Keefe (Crossing Structure), Rick Mooney (Hazardous Crossing), Hoy Richards (Grade Crossing Safety), Gary Wolfe (Railroad equipment), Christopher Pflaum (Life Care), Dr. Raphael Minsky (Pediatric Neuropsychologist), Dr. Michael Jarvis (Psychiatrist), Dr. Patrick Hogan (Neurologist), Dr. Gitry Heyderbrand (Neuropsychologist), Dr. Ronald Hertel (Orthopedic Surgeon), Dr. Harvy Cantor (Pediatric Neurologist), Dr. William Bernet (Pediatric Psychiatrist)
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