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Decedent ran stop sign at RR crossing and was hit by train

Amount:

$3,260,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Brazoria County

Court:

Brazoria County District Court, 239th

Injury Type(s):

arm-fracture, arm;
leg; head-fracture, skull;
brain-coma; brain-traumatic brain injury; chest-fracture, rib;
other-death; other-spasticity; other-physical therapy; urological-incontinence; sensory/speech-speech/language, impairment of;
mental/psychological-cognition, impairment;
pulmonary/respiratory-contusion, pulmonary

Case Type:

Motor Vehicle – Passenger; Railroad – Railroad Crossing; Motor Vehicle – Railroad Crossing; Wrongful Death – Survival Damages

Case Name:

Tamela Lane, as temporary guardian of Ty-Amber Lane, an incapacitated person, Plaintiffs; and Keith Bedford, Brenda Brown, Lester O. Brown, Jr., Tywneshia Coleman, Jevon Coleman, Tanequia Coleman, and Shaterrica Carr, individually and as heirs at law of Leona Renee Brown-Bedford, deceased, intervenors v. BNSF Railway Co., and Matthew T. Maxwell,
No. 72383

Date:

January 27, 2015

Parties

Plaintiff(s):

Tamela Lane (Female), 

Brenda Brown (Female), 

Jevon Coleman (Male), 

Keith Bedford (Male), 

Ty-Amber Lane (Female, 21 Years), 

Shaterrica Carr (Female), 

Tenequia Coleman (Female), 

Tywneshia Coleman (Female), 

Lester O. Brown, Jr. (Male), 

Estate of Leona Renee Brown-Bedford (Female, 41 Years)

Plaintiff Attorney(s):

Alton C. Todd;
The Law Firm of Alton C. Todd;
Friendswood,
TX,
for
Brenda Brown, Jevon Coleman, Keith Bedford, Shaterrica Carr, Tenequia Coleman, Tywneshia Coleman, Lester O. Brown, Jr., Estate of Leona Renee Brown-Bedford ■ Randy E. Moore;
The Moore Law Firm;
Lake Jackson,
TX,
for
Tamela Lane, Ty-Amber Lane ■ Russell Serafin;
The Serafin Law Firm;
Houston,
TX,
for
Tamela Lane, Ty-Amber Lane ■ Larry Funderburk;
Funderburk & Funderburk, L.L.P.;
Houston,
TX,
for
Brenda Brown, Jevon Coleman, Keith Bedford, Shaterrica Carr, Tenequia Coleman, Tywneshia Coleman, Lester O. Brown, Jr., Estate of Leona Renee Brown-Bedford ■ Mary Ann Dougharty;
Funderburk & Funderburtk LLP;
Houston,
TX,
for
Brenda Brown, Jevon Coleman, Keith Bedford, Shaterrica Carr, Tenequia Coleman, Tywneshia Coleman, Lester O. Brown, Jr., Estate of Leona Renee Brown-Bedford ■ Jason C. Webster;
The Webster Law Firm;
Houston,
TX,
for
Tamela Lane, Ty-Amber Lane ■ Heidi O. Vicknair;
The Webster Law Firm;
Houston,
TX,
for
Tamela Lane, Ty-Amber Lane ■ Omar R. Chawdhary;
The Webster Law Firm;
Houston,
TX,
for
Tamela Lane, Ty-Amber Lane

Plaintiff Expert(s):

Lila Laux;

Labels & Warnings;
Denver,
CO called by
Alton C. Todd, Randy E. Moore, Russell Serafin, Larry Funderburk, Mary Ann Dougharty, Jason C. Webster, Heidi O. Vicknair, Omar R. Chawdhary ■ Craig Lichtblau;
M.D.;
Physical Medicine;
North Palm Beach,
FL called by
Alton C. Todd, Randy E. Moore, Russell Serafin, Larry Funderburk, Mary Ann Dougharty, Jason C. Webster, Heidi O. Vicknair, Omar R. Chawdhary ■ James Lourniet;

Railroad;
Independence,
MO called by
Alton C. Todd, Randy E. Moore, Russell Serafin, Larry Funderburk, Mary Ann Dougharty, Jason C. Webster, Heidi O. Vicknair, Omar R. Chawdhary ■ Thomas Mayor;
Ph.D.;
Economics;
Houston,
TX called by
Alton C. Todd, Randy E. Moore, Russell Serafin, Larry Funderburk, Mary Ann Dougharty, Jason C. Webster, Heidi O. Vicknair, Omar R. Chawdhary

Defendant(s):

BNSF Railway Co., 

Matthew T. Maxwell

Defense Attorney(s):

Douglas W. Poole;
McLeod, Alexander, Powell & Apffel;
Galveston,
TX,
for
BNSF Railway Co., Matthew T. Maxwell ■ Bryan R. Lasswell;
McLeod, Alexander, Powell & Apffel;
Galveston,
TX,
for
BNSF Railway Co., Matthew T. Maxwell

Defendant Expert(s):

Brent Masel;
Neurology;
Galveston,
TX called by
Douglas W. Poole, Bryan R. Lasswell ■ Brian Charles;
Accident Reconstruction;
Corpus Christi,
TX called by
Douglas W. Poole, Bryan R. Lasswell ■ Foster Peterson;
Railroads;
Marietta,
GA called by
Douglas W. Poole, Bryan R. Lasswell ■ William Neale;
Animation/Computer Animation;
Greenwood Village,
CO called by
Douglas W. Poole, Bryan R. Lasswell

Facts:

At about 4:20 p.m. on Feb. 3, 2013, intervening plaintiffs’ decedent Leona Renee Brown-Bedford, about 41, was driving a compact car with her best friend, plaintiff Ty-Amber Lane, 21, in Sealy. They were going east on Sage Lane, approaching Railroad Crossing No. 022753S. When they crossed the tracks, they were struck on the left side by a BNSF Railway Co. train operated by Matthew T. Maxwell in the course and scope of his employment with BNSF. Brown-Bedford was killed. Lane survived but sustained severe injuries. Lane, through her mother, and Brown-Bedford’s estate and family sued BNSF and Maxwell for negligence and gross negligence. The crossing was under the control of BNSF and was marked with a stop sign, but was not protected by any active warning devices or gates. The plaintiffs claimed that the crossing was extra-hazardous and a trap because of insufficient sight distance, obstructed views, humped design and absence of warning lights or gates. The plaintiffs also argued that Maxwell failed to reduce his speed or signal his approach by blowing the horn. The plaintiffs’ railroad expert, James Loumiet, opined that the approach and crossing were in poor repair and that it was BNSF’s duty to maintain them. The plaintiffs’ human factors expert, Lila Laux, opined that the disrepair of the approach and crossing were a distraction to the driver and that there was a ballast pile blocking Brown-Bedford’s view of the oncoming train. The plaintiffs also argued that BNSF failed to follow its own policies regarding maintenance of crossings. The defendants denied negligence and contended that the accident was solely Brown-Bedford’s fault. Video of the accident, recorded by BNSF’s locoCAM, showed that Brown-Bedford ran the stop sign. Also, crew members on the train said they saw her using her cell phone at the time of the accident, and the defense argued that her cell phone bill corroborated their testimony. The defendants’ accident reconstruction expert opined that the accident was solely Brown-Bedford’s fault.

Injury:

Lane was airlifted to a hospital, where she spent about six weeks. In the accident, Lane sustained multiple skull fractures, a traumatic brain injury, three fractured ribs, a left forearm fracture, a pulmonary contusion, and a carotid artery injury. She was in a coma for more than two weeks. After the initial hospitalization, she also spent several weeks in an inpatient rehabilitation facility, followed by about six months of outpatient physical, occupational, and speech therapy. For several weeks, she was unable to walk at all, could not lift her left arm, and could not control her bladder. The plaintiff claimed permanent weakness in her left arm and leg. She was left with an unsteady gait and problems with limb spasticity, and she could not go long distances without using a wheelchair. She also claimed permanent cognitive impairment and that she can no longer work. Her life-care planner opined that, after the accident, Lane had the mental capacity of a 7- or 8-year old. Lane sought damages for her future medical care in the form of a life care plan. She also sought damages for future loss of earning capacity, although she was not employed at the time of the accident. Lane’s paid or incurred medical bills were about $175,000. The plaintiffs’ economics expert opined that Lane’s future lost earning capacity was about $400,000. Lane’s life care planning expert submitted a life care plan of $22 million. Lane also claimed past and future physical pain and mental anguish and physical impairment. Brown-Bedford, who was in mortician school at the time of the accident, was pronounced dead at the scene. She was survived by her husband, plaintiff Keith Bedford; her mother, plaintiff Brenda Brown; her father, plaintiff Lester O. Brown Jr.; her daughter plaintiff Tywneshia Coleman; her son plaintiff Jevon Coleman; her daughter plaintiff Tanequia Coleman; and her daughter plaintiff Shaterrica Carr. They sought damages for wrongful death, including pecuniary loss, mental anguish, and loss of companionship and society. Brown-Bedford’s estate sought damages for conscious pain and suffering and funeral and burial expenses. The defense neurologist opined that Lane’s life care plan was excessive and that it called for unnecessary treatment. The defense also argued that Lane’s psychological impairment pre-dated the accident.

Result:

BNSF was the only defendant submitted to the jury. The jury found that the crossing was an extra-hazardous crossing at the time of the accident. The jury also found that BNSF was negligent in failing to install a different warning device at the crossing and that the failure was a proximate cause of the accident. The jury also found that BNSF was negligent in failing to maintain the roadway leading up to the crossing on the day in question, failing to maintain the grade crossing surface over the tracks from one end of the railroad ties to the other end, or in positioning a ballast pile that prevented motorists from seeing an approaching train. The jury found Brown-Bedford negligent in (a) failing to stop from 15 to 50 feet from the nearest rail when a train engine approaching within about 1,500 feet of the crossing emits a signal audible from that distance and the engine is an immediate hazard, or when an approaching train is plainly visible and is in hazardous proximity to the crossing, or (b) in failing to stop at the stop sign before the crossing, or (c) in stopping or parking on the track. The jury found BNSF and Brown-Bedford each 50 percent responsible for the accident and awarded the plaintiffs $3.26 million. The damages were for Ty-Amber’s past medical bills and future lost earning capacity and Brown-Bedford’s funeral and burial expenses. The jury did not award pain and suffering, physical impairment, or disfigurement for Ty-Amber; did not award anything to Brown-Bedford’s family members; and did not award conscious pain and suffering for Brown-Bedford. After reduction for comparative responsibility, the plaintiffs’ recovery was $1.63 million. Lane’s counsel said the jury was going to award Lane $6 million for her life care plan, but that they then reduced it by the amount of BNSF’s responsibility, contrary to the court’s instructions.

Estate of Leona Renee Brown-Bedford: $10,000 Wrongful Death: Funeral Burial Expense; Ty-Amber Lane: $3,000,000 Personal Injury: Future Medical Cost; $250,000 Personal Injury: future lost earning capacity

Actual Award:

$1,630,000

Trial Information:

Judge:

Pat Sebesta

Trial Length:

9
 days

Trial Deliberations:

2
 days

Jury Vote:

10-2

Editor’s Comment:

This report is based on information that was provided by the Lane plaintiffs’ counsel, counsel for Brown-Bedford’s estate and family, and defense counsel.