Car struck at railroad crossing: View obstructed by vegetation: Wrongful death: Partial paralysis: Verdict

Law Reporter, Sep 2002

Car struck at railroad crossing: View obstructed by vegetation: Wrongful death: Partial paralysis: Verdict.

Stevenson v. Union Pac. R.R., U.S. Dist. Ct., E.D. Ark., No. 2:99CV00160WRW, Sept. 19,2001.

Stevenson, 39, was driving a car in which his wife, 69, was a passenger. As the vehicle was crossing railroad tracks, a train struck it. Stevenson's wife suffered fatal injuries. She had been a retired homemaker.

Stevenson suffered brain damage and partial paralysis. His medical expenses totaled about $117,300. Stevenson was a factory employee earning approximately $20,400 annually. He is not able to return to work.

Stevenson and an administrator of his wife's estate sued the railroad that owned the tracks, alleging it allowed vegetation to grow on both sides of the crossing, obstructing the view of drivers.

A jury awarded plaintiffs about $2.01 million, including $10,000 to the estate.

Plaintiffs' expert witnesses in this case included Alan Blackwell, track inspection, North Platte, Neb.; Jerry Cusick, technology issues, Wichita, Kan.; Larry Williams, accident reconstruction, Jonesboro, Ark.; and Helen Woodard, life care planning, Denver, Colo.

Plaintiffs' Counsel

B. Michael Easley, Forrest City, Ark.

Robert L. Pottroff, Manhattan, Kan. Stephen W Boyda, Marysville, Kan. Norbert C. Marek Jr., Manhattan, Kan.