Additional Victims Join Civil Lawsuit Following Midland Train Tragedy
By: Dylan Brooks
Updated: January 23, 2013
MIDLAND -- Victims from the Midland train tragedy are joining in an already existing lawsuit against Union Pacific Railroad.
Lawyers Kevin Glasheen and Bob Pottroff filed a civil suit on behalf of Richard and Heather Sanchez and Todd and Laci King shortly after a freight train plowed into a Show of Support Parade float in Midland back on November 15th.
The crash came during a parade bringing wounded military veterans and their families from downtown Midland to a banquet at the Midland County Horseshoe Arena.
Four military veterans were killed in the crash, and 17 others were injured.
Richard Sanchez was paralyzed in the crash.
Sanchez is now being treated for paraplegia at Craig Hospital in Denver.
The Sanchezes also have three young children.
Todd King -- of San Antonio -- suffered back injuries and post traumatic stress disorder, while Laci King suffered a knee injury.
Now, Aaron and Laura Kibby of North Carolina, Thomas and Keli Pleyo of San Angelo, Shane and Meg Ladner of Georgia, Travis and Elsie Reichert of Wisconsin and the family of U.S. Army Sgt. Joshua Michael (which live in San Antonio) are joining into the original petition filed by the Sanchezes and Kings.
Keli Pleyo suffered back injuries and is still being treated for an open wound.
Meg Ladner lost her leg at the hip and is still hospitalized in Atlanta, GA.
Travis Reichert suffered some physical injury and Post Traumatic Stress Disorder in the crash.
Aaron and Laura Kibby also suffered Post Traumatic Stress Disorder.
Michael -- one of four veterans killed in the crash -- left behind a wife, two children and his parents.
The family of two other fallen veterans -- U.S. Marine Corp Chief Warrant Officer 3 Gary Stouffer and U.S Army Sgt. Maj. Lawrence Boivin -- have filed a separate civil lawsuits against Union Pacific with separate attorneys in Dallas.
Union Pacific has filed a motion to transfer those the Dallas suits to Midland.
The family of the fourth fallen veteran -- U.S. Army Sgt. Maj. William Lubbers -- has retained an attorney in Florida for claims arising from Lubbers' death.
The Lubbers family is expected to file a civil lawsuit in Texas.
At present, 9 of the 12 military families that were on the float that was hit in the crash have filed civil litigation.
The lawsuit filed in Midland claims that Union Pacific Railroad didn't give an adequate warning time before a freight train hit a flatbed trailer being used as a Show of Support parade float.
The train -- which was traveling 63 miles an hour -- hit the trailer near the intersection of South Garfield Street and West Front Street around 4:36 PM on November 15th.
Plaintiffs in the case say that TXDOT designed the Garfield Street railroad crossing in a matter where trains crossing it gave a 30 second warning time.
However, the design plans stored in the signal cabinet of the crossing show a 25 second warning time.
The National Transportation Safety Board says the train gave a 20 second warning -- which satisfies federal minimum standards.
However, the plaintiffs in the case argue that the time designed and approved by TXDOT should have been the minimum standard at the intersection.
Plaintiffs also say that the speed limit at the crossing was raised from 40 mph to 70 mph in 2006.
Smith Industries -- which operated the trailer that was hit by the train -- was also included in the lawsuit.
The lawsuit is expected to go to trial on the week of April 14, 2014.
The trial is then expected ot take 3 to 4 weeks.
The driver or the trailer wasn't included in litigation, and a Midland County grand jury failed to indict anyone on criminal charges in connection with the crash earlier this month.
Union Pacific has filed a cross-claim against Smith Industries.
The claim indicates that if Union Pacific is to be held responsible for damages, then Smith Industries should be required to contribute towards any compensation awarded.
Union Pacific is also expected to name Midland County, the City of Midland and the Show of Support Organization as responsible third parties.
The anticipated move would be an attempt to show that the actions of those parties -- rather than that of Union Pacific -- caused the fatal collision.
The City of Midland -- which has immunity from lawsuits of this nature -- has said that the Show of Support parade operated without a permit.
The Midland City Council recently introduced sweeping changes to its one-paragraph parade permit ordinance, which was written in 1953.
Glasheen, Valles & Inderman is based in Lubbock with offices in Odessa, El Paso and Albuquerque.
The firm specializes in personal injury and wrongful death.
Co-counsel Bob Pottroff is widely considered the nation's foremost attorney in railroad crossing accident cases.
Union Pacific Railroad is represented by John Proctor of Fort Worth and Mainess Gibson of Houston.
Lawyers Kevin Glasheen and Bob Pottroff filed a civil suit on behalf of Richard and Heather Sanchez and Todd and Laci King shortly after a freight train plowed into a Show of Support Parade float in Midland back on November 15th.
The crash came during a parade bringing wounded military veterans and their families from downtown Midland to a banquet at the Midland County Horseshoe Arena.
Four military veterans were killed in the crash, and 17 others were injured.
Richard Sanchez was paralyzed in the crash.
Sanchez is now being treated for paraplegia at Craig Hospital in Denver.
The Sanchezes also have three young children.
Todd King -- of San Antonio -- suffered back injuries and post traumatic stress disorder, while Laci King suffered a knee injury.
Now, Aaron and Laura Kibby of North Carolina, Thomas and Keli Pleyo of San Angelo, Shane and Meg Ladner of Georgia, Travis and Elsie Reichert of Wisconsin and the family of U.S. Army Sgt. Joshua Michael (which live in San Antonio) are joining into the original petition filed by the Sanchezes and Kings.
Keli Pleyo suffered back injuries and is still being treated for an open wound.
Meg Ladner lost her leg at the hip and is still hospitalized in Atlanta, GA.
Travis Reichert suffered some physical injury and Post Traumatic Stress Disorder in the crash.
Aaron and Laura Kibby also suffered Post Traumatic Stress Disorder.
Michael -- one of four veterans killed in the crash -- left behind a wife, two children and his parents.
The family of two other fallen veterans -- U.S. Marine Corp Chief Warrant Officer 3 Gary Stouffer and U.S Army Sgt. Maj. Lawrence Boivin -- have filed a separate civil lawsuits against Union Pacific with separate attorneys in Dallas.
Union Pacific has filed a motion to transfer those the Dallas suits to Midland.
The family of the fourth fallen veteran -- U.S. Army Sgt. Maj. William Lubbers -- has retained an attorney in Florida for claims arising from Lubbers' death.
The Lubbers family is expected to file a civil lawsuit in Texas.
At present, 9 of the 12 military families that were on the float that was hit in the crash have filed civil litigation.
The lawsuit filed in Midland claims that Union Pacific Railroad didn't give an adequate warning time before a freight train hit a flatbed trailer being used as a Show of Support parade float.
The train -- which was traveling 63 miles an hour -- hit the trailer near the intersection of South Garfield Street and West Front Street around 4:36 PM on November 15th.
Plaintiffs in the case say that TXDOT designed the Garfield Street railroad crossing in a matter where trains crossing it gave a 30 second warning time.
However, the design plans stored in the signal cabinet of the crossing show a 25 second warning time.
The National Transportation Safety Board says the train gave a 20 second warning -- which satisfies federal minimum standards.
However, the plaintiffs in the case argue that the time designed and approved by TXDOT should have been the minimum standard at the intersection.
Plaintiffs also say that the speed limit at the crossing was raised from 40 mph to 70 mph in 2006.
Smith Industries -- which operated the trailer that was hit by the train -- was also included in the lawsuit.
The lawsuit is expected to go to trial on the week of April 14, 2014.
The trial is then expected ot take 3 to 4 weeks.
The driver or the trailer wasn't included in litigation, and a Midland County grand jury failed to indict anyone on criminal charges in connection with the crash earlier this month.
Union Pacific has filed a cross-claim against Smith Industries.
The claim indicates that if Union Pacific is to be held responsible for damages, then Smith Industries should be required to contribute towards any compensation awarded.
Union Pacific is also expected to name Midland County, the City of Midland and the Show of Support Organization as responsible third parties.
The anticipated move would be an attempt to show that the actions of those parties -- rather than that of Union Pacific -- caused the fatal collision.
The City of Midland -- which has immunity from lawsuits of this nature -- has said that the Show of Support parade operated without a permit.
The Midland City Council recently introduced sweeping changes to its one-paragraph parade permit ordinance, which was written in 1953.
Glasheen, Valles & Inderman is based in Lubbock with offices in Odessa, El Paso and Albuquerque.
The firm specializes in personal injury and wrongful death.
Co-counsel Bob Pottroff is widely considered the nation's foremost attorney in railroad crossing accident cases.
Union Pacific Railroad is represented by John Proctor of Fort Worth and Mainess Gibson of Houston.
Comments
Some idiot doesn't know how to cross the tracks safely, and the railroad gets blamed. Typical. Have to blame somebody other than oneself; that would be too disconcerting.
John H.
February 21, 2013 at 4:11 pm
Some idiot doesn't know how to cross the tracks safely, and the railroad gets blamed. Typical. Have to blame somebody other than oneself; that would be to disconcerting.
John H.
February 21, 2013 at 4:11 pm
