Case Evaluation

Train Accident Verdicts: Troung v. Grand Trunk RR

GOLD TROUNG V. GRAND TRUNK RR

Date: March 22, 1990

RESULT: $ 845,000 (verdict)

STATE: Michigan

FACTS: Plaintiff, a seven year old boy, climbed onto a train which was standing in defendant's railroad yard. Shortly thereafter, the train moved forward and plaintiff was thrown off. Plaintiff's foot was crushed under the wheels of the train. His leg was subsequently amputated below the knee. Four children had lost limbs as a result of Train Accidents on defendant's premises during the seven previous years.

Plaintiff alleged that the defendant's train yard was an attractive nuisance and that defendant was negligent in failing to erect a fence or post a guard.

Defendant contended that they had no duty to protect a trespasser whose presence was not known and that a fence on the premises would pose a hazard to train crews, personnel and trains with hazardous loads.

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