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Case Number: 3:14-cv-00257-KRG
Judge: Kim R. Gibson
Court: United States District Court for the Western District of Pennsylvania (Cambria County)
Defendant's Attorney: Kendra L. Smith
Description: Johnstown, PA: Personal injury railroad accident lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by Defendant's employees.
Plaintiff, age 34, was living in Johnstown, Pennsylvania on January 18, 2013, when he lost his left leg below the knee and suffered brain damage when he was hit by a CSX train that was traveling an estimated 11 to 14 mph.
Plaintiff claimed that the CSX crew failed to exercise due care in the operation of the locomotive when they failed to reduce the speed at which the unit was traveling.
The evidence showed that Plaintiff was walking with his dead down while listening to music on his cellphone.
The crossing included flashing light signals, warning symbols, yellow railroad crossing signs and a sign indicating a train right-of-way, according to CSX.
CSX asserted that: “Had plaintiff looked for the train, it was there to be seen. Had he listened, the bell, horn and ambient noise of the train itself were there to be heard."
08/31/2021 321 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 8/30/2021. (Court Reporter: Shirley Hall) (dlg) (Entered: 08/31/2021)
09/01/2021 322 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial completed on 8/31/2021. (Court Reporter: Shirley Hall) (dlg) (Entered: 09/01/2021)
09/01/2021 323 CIVIL TRIAL MEMORANDUM for jury trial on 8/23/2021. (dlg) Modified text on 9/1/2021. (dlg) (Entered: 09/01/2021)
09/01/2021 324 EXHIBIT AND WITNESS LIST as to jury trial on 8/23/2021. (dlg) (Entered: 09/01/2021)
09/01/2021 325 Jury Question as to jury trial - 8/31/2021. (dlg) (Entered: 09/01/2021)
Outcome: JURY VERDICT in favor of CSX TRANSPORTATION, INC. (dlg) (Entered: 09/01/2021)