Case Evaluation

Train Accident Verdicts: Torres Et Al. v Union Pacific Railroad

Jose Miguel Torres, et al. v. Union Pacific Railroad

Date: Sept. 1, 2005

Verdict /Settlement (breakdown): $30,434,128 plaintiff verdict: $25,084,128 in compensatory damages and $5.35 million in punitive damages. Plaintiffs' counsel estimated that it will be worth more than $32 million when judgment is entered in late October.

State: Texas

In June 2004, Flora Torres and her daughter, Haide Torres, were hit by a train and killed in El Paso, Texas. They were walking along the tracks to visit Jose Miguel Torres, husband and father to the deceased, who was working as a laborer at a work site.

Jose Miguel Torres, his son Jose Miguel Torres Jr., Pedro Gomez, Flora's father, and Aurora Lucero, Flora's mother, sued Union Pacific for negligence. They claimed that Union Pacific did not perform a proper lookout, did not stop in enough time and should have yielded the right of way. They also claimed that Union Pacific did not properly train its crews in safety procedures regarding pedestrians.

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