Defense Verdict For BNSF in Grade Crossing Fatality Case

On December 19, 2019, the Mullican & Hart Trial Team secured a defense verdict in a grade crossing fatality case after a three-week trial in Pawnee County, Oklahoma. The jury was out less than one hour.

As background, the decedent driver’s Ford F-150 stopped foul of the tracks at a rural railroad crossing near Hallett, Oklahoma and was hit by a BNSF train. The driver was not wearing his seat belt and was partially ejected from the pickup, causing his death. His wife and daughter were both wearing seat-belts and survived the crash with personal injuries.

The issues in the case included whether the grade crossing should have had additional active warning devices, better vegetation control, and a better crossing design. During closing argument, Plaintiff’s counsel of Davis Bethune & Jones demanded $32,500,000.00 and punitive damages. However, the jury agreed with Mullican & Hart’s defenses regarding the driver’s behavior, vegetation control, and adequate signalization and entered a verdict in BNSF’s favor on all three claims.