$37.5M Settlement in Fatal Railroad Crash Suit

$37.5M Settlement in Fatal Railroad Crash Suit

A railroad company in Kansas City agreed to pay $37.5 million in the settlement of a lawsuit over a railroad accident involving a car containing a family from Arcadia, LA.

A five-year-old girl was killed, and the other four passengers were seriously injured.

The Kemp family’s attorney, Grant L. Davis, said the Kansas City Southern Railway Co. was “scared into settling because they knew what was coming.” Davis said he had asked for approximately $94 million, but the company had originally offered to settle for $3 million prior to the trial.

Despite the large settlement amount, the railroad company said in a statement that the settlement “would not have a material impact on future company earnings.”

The Accident

According to the lawsuit, the railroad company turned off the flashing crossing lights at the Arcadia crossing, and then covered them so that they looked like they were operational. There were also no crossing gates installed.

"There is no warning other than all of a sudden you're on top of a railroad track," Said Johnny Dollar, another lawyer who worked on the case. "It's just a very dangerous situation. I would just urge motorists to be extremely careful around these crossings.

The disabled light caused the train to crash into Marian Kemp’s Ford Explorer with her four daughters in it, according to the suit.

As a result of the accident, Kemp is severely brain damaged. She now lives in a nursing home. The youngest daughter, three-years-old, also sustained brain damage. The oldest daughter at age 10, was also physically injured, and later diagnosed with post-traumatic stress disorder. The five-year-old daughter was killed.

According to the lawsuit, Kansas City Southern Railway Co. had rejected the city’s pleas to slow their trains as they passed through the town.

The settlement will allow the family to hire a personal caretaker so that the mother can return to her home.

Harmed in a railroad accident? If you or a loved one has been seriously injured or killed in a railroad accident, please contact us today for a free consultation with an experienced railroad accident lawyer who can examine your case and ensure that you recover the compensation you may be entitled to.

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