School Teacher Hit by Union Pacific Train Wins $557M Verdict
A Houston woman has been awarded $557 million after she was involved in a train collision that left her with catastrophic injuries.
On March 5, 2016, Mary Johnson was struck by a Union Pacific train in downtown Houston which left her with severe injuries including several amputations and severe brain injuries. At the time, Johnson was in her second year as an ESL and reading teacher in Houston. Johnson also served as an after-school running club coach that helped teach children about health and fitness.
The Houston jury found that the train company was 80% responsible for the accident while Johnson was 20% responsible. Johnson will receive $57 million in compensatory damages while $500 million will be levied against the train company in punitive damages.
Johnston’s attorney Kyle Findley of Arnold & Itkin Law Firm argued that the responsibility fell on the train operator because “Union Pacific’s engineer and conductor could have stopped the train before striking the plaintiff if the lights on the locomotive were bright enough to illuminate plaintiff on the tracks 800 feet ahead as is required by federal law.”
Lawyers for Johnson argue that the train operators and the conductor violated their safety manual which requires train operators to “take the safe course …. In case of doubt or uncertainty.”
During the trial, the prosecution was able to prove that the train conductor failed to apply the brakes until they were within 50 feet of Johnson's vehicle.
Johnson’s lawyers went on to say that “Railroad companies like Union Pacific have enjoyed the privilege of using tracks that run through the heart of our cities, communities, and neighborhoods for years, and with that privilege comes a responsibility to operate safely. This $557 million verdict shows Union Pacific and other rail operators are ultimately liable for the costs associated with preventable disasters.”
This settlement comes on the heels of national scrutiny of train companies. A week before the verdict was announced on March 3rd, Union Pacific was involved in another train derailment in Nebraska. Weeks earlier, the train derailment in East Palestine, Ohio, caused a national uproar over train safety regulations and implications for affected communities when train derailments happen.
Following the verdict, Union Pacific issued a statement voicing their disapproval. “Union Pacific is deeply discouraged by the jury’s verdict. The crossing’s lights, gates, and bells were activated, and the crew blew the horn to herald the train’s approach. The train crew activated the emergency brakes when they discerned an individual SEATED on the tracks in the middle of the night. On average, it can take a train up to a mile to stop and by the time the train crew spots someone on the tracks, it is often too late.”
Union Pacific went on to say that “We also want to remind everyone train tracks are private property and sitting, standing, or walking on or near the tracks is dangerous.”
Union Pacific also pushed back against the punitive damages verdict. The company shared, “Union Pacific will appeal the verdict, including the punitive damage award. Under Texas law, total punitive damages that can be awarded in this case is less than $20 million.”
According to Texas law, punitive damages are capped at the greater of $200,000 or two times the total plaintiffs are awarded in economic damages in addition to the amount equal to non-economic damages up to $750,000.
