Parked train blocks view of motorist approaching crossing: Violation of statute: Negligence: Wrongful death: Settlement

Law Reporter, Mar 2003

White v. Kansas City So. Ry. Co., Tex., Hopkins County Dist. Ct., No. 32402, May 16,2002.

Fite, in her late 30's, was driving her car on the approach to a double set of railroad tracks in Texas. The crossing was marked only by crossbucks. A train owned by Kansas City Southern Railroad Company was parked on the nearer set of tracks, approximately 56 feet from the street. The parked train blocked Fite's view of the second, further set of tracks as she approached the crossing. As Fite drove over the tracks, an oncoming Kansas City Southern Railroad train struck her car. Fite suffered multiple blunt force traumas and died at the scene.

Fite, who had been a home health care provider earning approximately $10 to $12 per hour, is survived by her mother and two sons, one a minor.

Fite's mother, individually and on behalf of Fite's estate, brought suit against the railway. Plaintiffs alleged that employees of the railroad had parked the train too close to the roadway, in violation of a Texas statute and railroad regulations requiring stationary trains be at least 250 feet from a roadway. Suit also alleged that the railroad had been negligent in falling to enforce its rules, falling to properly oversee its operations, and in failing to train its crews to identify and ameliorate hazardous situations. Defendant alleged that its employees had properly parked the train further than 250 feet from the roadway, and that an unidentified train enthusiast had subsequently moved the train.

The parties settled before trial for $750,000, plus costs. Fite's mother received $150,000, and each son received $300,000.

Plaintiffs' experts were Archie Burnham, accident reconstruction, McDonough, Ga.; Charles Culver, railroad operations, League City, Tex.; and David Lipscomb, railroad operations, Stanwood, Wash.

Defendant's experts were Charles Ruble, accident reconstruction, San Antonio, Tex.; Michael McDonald, railroad operations, Jackson, Miss.; and Michael Seiderman, railroad operations, New Orleans, La.

Plaintif' Counsel

*Coy Johnson, Sulphur Springs, Tex.

*Raymond A. Williams III, Dallas, Tex.