United Pacific Railroad Co. is appealing a $1.25 million personal injury award entered against the company in a wrongful death and personal injury suit. The lawsuit stems from an accident where a train hit a truck in Missouri in 2007. Guy Webb suffered massive injuries and his brother died when a train hit the vehicle they were traveling in. The train company argued that it was not obligated to blow a whistle and that Guy Webb contributed to the tragic accident.
Throughout the trial both sides argued whether or not the railroad crossing where the accident occurred was public or private property. A Madison County District Judge ruled that a crossing is a crossing, and that Union Pacific could not argue that a private crossing needed different warning signs than a public crossing.
The railroad company argued the Webb brothers’ drug use prior to the accident as well as other errors should have been admitted at trial. The defense felt these factors contributed to the accident.
The judge ruled against the train company and awarded Misty Webb, daughter of the man who died, and awarded Ms. Webb $30,000 and her uncle $1.25 million. Misty Webb earlier sued her uncle for her father’s wrongful death but the parties settled and joined the suit seeking damages from UP for personal injury.
Union Pacific filed an appeal and is due to argue their appeal standing to the Fifth District Appellate Court in Mount Vernon.