76 YEAR OLD KILLED AT RAILROAD CROSSING
76 year old farmer was killed when his pick-up truck was struck by a locomotive pulling 20 cars loaded with coal. The crossing was marked only with crossbucks. The train was traveling above the speed limit and failed to blow its horn until after it struck the pick-up. In addition, the railroad had allowed the vegitation on it's right-of-way to grow so much that in order to see any distance down the track, a motorist had to have part of his vehicle on the tracks. The railroad aggressively defended the case, but settled for a substantial amount just prior to trial.
RESULT: Substantial settlement (confidential amount)

CHILD STRUCK BY ENGINE, LOSES LEG
6 year old boy was playing near railroad crossing on a public road near a switching yard. The engineer and brakeman on a switch engine saw the child but failed to warn him away from the tracks. The law requires special care be taken when a child is known to be in a zone of danger near railroad tracks. The engine struck the child causing him to lose his right leg below the knee. The railroad settled for a confidential amount providing the child with resources for vocational, rehabilitation and life-care needs
RESULT: Substantial settlement (confidential amount)