Stewart v. South Kansas and Oklahoma Railroad, Inc.

Plaintiff, 51, sued a railroad after she lost her arm above the elbow when her pickup collided with a train at a railroad grade crossing. Plaintiff was a school teacher on her way to work when the accident occurred. The railroad grade crossing was located in Wilson County, Kansas just outside of Fredonia. During the collision, the train raked along side of plaintiff's pickup truck and traumatically amputated her left arm.

Plaintiff proved at trial that the sight distances were inadequate to give her time to see and stop for the train resulting in a crossing that was ultra hazardous. The train was also found to be exceeding the railroad's speed limit. The defendant railroad made no offer to settle before trial. After a two week trial in U.S. District Court in Wichita, Kansas, the jury returned a verdict for plaintiff for $2,706,600. The case was tried by Craig Oliver.

 

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