Train strikes youth running across trestle: Negligent track maintenance: Negligent security: Wrongful death: Settlement

Law Reporter, Apr 2004

Smith v. Florida Dep't of Tramp., Fla., Dade County 11th Jud. Cir. Ct., No. 02-02786 CA 11, June 16, 2003.

Smith, 14, was among a group of children who were running across a railroad trestle. An oncoming locomotive struck and killed him. Smith is survived by his parents and a minor sister.

Smith's mother, on behalf of her son's estate, sued the Florida Department of Transportation, the company that was responsible for maintaining the railroad trades, the company that employed the railroad engineer, and the company that provided security for the trains and tracks, among others.

Suit against the owner of the tracks and the company that provided track maintenance alleged negligence in failing to properly maintain the tracks and fencing, and failure to give adequate warning of approaching trains. Suit against the company that employed the engineer alleged negligence in hiring, training, and supervising him. Suit against the company that provided security for the train and tracks alleged negligence in the performance of security duties, specifically failure to report holes in the fencing that had allowed the children to approach the tracks.

Defendants argued that Smith was negligent for running across the trestle, and that the setting sun prevented the engineer from seeing Smith until it was too late to bring the locomotive to a stop. Defendants also alleged that Smith's parents were not properly supervising him.

The parties settled for about $939,100. The amounts of the contributions to the settlement amount by the defendants are confidential.

Plaintiff's expert witnesses in this case were James R. Loumiet, accident reconstruction, Independence, Mo.; Rodney V. Williams, railroad investigations, Waxahachie, Tex.; Kenneth Harms, police management/security, Miami, Fla.; Arthur D. Fiske, human factors, Atlanta, Ga.; and William Bopp, security, Boca Raton, Fla.

Defendants' experts were Donald O. Schultz, armed security, Boynton Beach, Fla.; Fawzi P. Bayan, accident reconstruction, Millersville, Md.; Joseph V. Cavallo, security, Loganville, Ga.; Stephen Burdick, train accident reconstruction/human factors, Dade City, Fla.; and Robert S. Kennedy, psychology/human factors, Orlando, Fla.

Plaintiff's Counsel

*Lance C. Ivey, West Palm Beach, Fla.