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Carl
& Diane James vs. Burlington Northern & Sante Fe Railroad
This
was an action for personal injury, wherein the Plaintiff
Carl James was struck by a northbound Burlington Northern
Railroad train in the City of Olive Branch, Mississippi,
as Plaintiff was attempting to cross on Depo Street.
The allegations in the case were that the railroad committed
negligence in operating their train and in maintaining
the crossing across Depot Street. Plaintiff alleged
that there were box cars which prevented clear view
in both directions and the angle of the crossing necessitated
the truck being placed in an awkward position in order
to be able to observe train traffic both to the north
and the south. Time and distance factors entered into
the ability to observe a clear track and by the time
the crossing was accomplished a train could present
an eminent hazard. An offer of $35,000.00 was made prior
to trial. The case proceeded to trial and a jury verdict
for 1.2 million dollars was rendered in favor of the
Plaintiff with fault assessed at 50% against the Plaintiff
resulting in a total verdict of $600,000.00 for the
Plaintiff Carl James. Plaintiff's counsel was Ralph
E. Chapman of Chapman Lewis & Swan. Defense counsel
was Billy and Bill Spencer of Tupelo, Mississippi. The
trial judge was Circuit Judge George C. Carlson, Jr.
of the Circuit Court of Tallahatchie County, Mississippi.
This case had venue in Charleston, Tallahatchie County,
Mississippi, by virtue of the Plaintiff residing in
Tallahatchie County, Mississippi, and one of the Defendants,
which was ultimately released, was a non-resident corporation,
which provided maintenance and right of way clearing
for the railroad. As a result, a more favorable forum
was selected for the prosecution of the case.
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