Hemiplegia

Hightower v. Kansas City S. Ry. Co., Okla., LeFlore County Dist. Ct., No. CJ-98-128, Oct. 22, 1999.

Pearl, 52, was injured when his car was struck by a train at a railroad crossing. He suffered brain damage and right hip and shoulder injuries resulting in hemiplegia. He now has loss of motion and requires a walker. His medical expenses totaled approximately $354,400. An ironworker and pipefitter earning about $30,000 annually, he can no longer work and cannot live independently.

Pearl's guardian, Hightower, sued the railroad on behalf of Pearl and his estate. Plaintiff alleged that (1) the train was traveling at an excessive speed, (2) the train's speed was in excess of the class of track the train was on, and (3) the crossing was abnormally dangerous in that it was only guarded by crossbucks and vegetation blocked drivers' view of the right-of-way.

The jury awarded $1.1 million, including $100,000 punitive damages. Defendant has filed an appeal. Plaintiff's experts included A.O. Pipkin Jr., accident re

construction, Dallas, Tex.; William D. Berg, accident reconstruction/human factors, Madison, Wis.; Archie Bumham, traffic control regulations, Ellenwood, Ga.; Rodney Isom, life care planning, Denton, Tex.; and William A. Cochran, neuropsychology, Hot Springs, Ark.

Defendant's experts were Gary Wolf, engineering, Atlanta, Ga.; and Joseph Blaschke, transportation engineering analysis, Bryan, Tex.

Plaintiff's Counsel *Jerry L. McCombs, Idabel, Okla. *Jon Ed Brown, Idabel, Okla.

Documents in this case are available through the Court Documents section in the back of this issue, courtesy of plaintiff's counsel.

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