Traumatic Brain Injury Victim Wins Suit against Union Pacific Railroad

By Danielle Briones

Published on July 22, 2005

The 19-year-old was injured when a Union Pacific Railroad train ran into her car after it had stalled at a Castle Rock crossing in 2002. The Douglas County jury of five women and one man awarded Martin and her family $6 million for future medical expenses, $350,000 for permanent impairment, $150,000 for pain and suffering, and $600,000 for past medical expenses. The railroad company also must pay $4 million in punitive damages.

Jurors based their verdict on information indicating that Union Pacific was aware that this particular crossing at Front and Fifth streets was dangerous and the trains crew should have stopped before reaching the intersection where Martin's car had stalled. The engineer of the train testified that it appeared Martin's car was just off the tracks, making it safe to pass through.

Union Pacific has been required to pay awards in past court cases. In February 2004, Union Pacific paid $30 million in awards to Christopher Barber after he suffered a spinal-cord injury when a train collided with the truck he was riding in in Arkansas.

In a 2004 Louisiana case, the railroad agreed to a $65.5 million settlement. More than 12,000 people filed claims after a train carrying hazardous chemicals derailed in Eunice, La.

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