Burlington Northern Santa Fe Railway Co. has agreed to settle a lawsuit filed over the death of a ten-year-old girl. In the first phase of the trial, involving only compensatory damages, a Missouri jury returned a verdict for $4 million. The second phase, involving punitive damages, followed, but the case was settled before that phase could be completed. The parties actually reached a settlement while the jury was deliberating. BNSF agreed to pay the full judgment of $4 million within ten days with no appeal.
The child, Shelby Wilson, was a passenger in a car that was struck by one of BNSF’s trains at a rural crossing. The company failed to mark the crossing with lights and a gate. It was only marked with warning signs. The state had ordered the more stringent measure nearly a year before the accident. There was a dispute over whether the driver of the car was at fault and caused the accident. But the jury ruled against BNSF on that issue. Bradford Kendall, a lawyer with the firm of Holtsclaw & Kendall, located in Kansas City, Mo., represented the child’s family. Brad did a very good job in this case.
Source: Lawyers USA Online
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