Railroad Law
 
Carolyn Barnes v. The State of Texas

Kathleen Gittel, a sixty-eight year old United States Census worker, testified about
events that led up to the underlying offense. She stated that she was assigned to count for the census
persons in a neighborhood in the northern part of Leander near U.S. Highway 183 and River Run
Road. She sought to ascertain whether anyone was living at addresses from which no census report
had... More...
   $0 (07-18-2016 - TX)

STATE OF KANSAS v. DERRICK BUELL

In February 2015, pursuant to a plea agreement, Buell pled guilty to robbery and attempted kidnapping. According to the presentence investigation report (PSI), Buell's criminal history included two 2002 Florida juvenile adjudications, one labeled as burglary of a dwelling and one labeled as burglary of a dwelling while armed. At his sentencing, Buell objected to the classification of the adjudicat... More...   $0 (07-01-2016 - KS)

State of North Dakota v. Robert Anthony Putney

On June 15, 2014, Minot police arrested Putney for allegedly assaulting his girlfriend. The City of Minot charged Putney with simple assault for violating a city ordinance. On June 16, 2014, Putney pled guilty to the charge in municipal court and the court sentenced him to 30 days in jail.

[¶3] In July 2014, the State charged Putney with aggravated assault for shooting his girlfriend duri... More...
   $0 (07-01-2016 - ND)

JASON WORCESTER v. SPRINGFIELD TERMINAL RAILWAY COMPANY

On October 6, 2011, Springfield reported a leak of
hydraulic fluid to the Maine Department of Environmental
Protection. At that time, the plaintiff, Worcester, was an
employee of Springfield. He became involved in a dispute with his
supervisor about the safety implications of cleaning up the spill
and was eventually fired. He then brought suit against Springfield
u... More...
   $400000 (06-30-2016 - ME)

Leonard Darnell Williams v. The State of Texas

Appellant was indicted for aggravated sexual assault of K.P., a disabled individual. He
challenges the sufficiency of the evidence in only one respect: he contends “[t]here was not
sufficient evidence that appellant knew the victim could not consent because her mental
infirmities made her unable to appraise the nature of the situation or of resisting.” We therefore
limit our... More...
   $0 (06-26-2016 - )

Helen L. Hyde v. The Roman Catholic Bishop of Providence; Jeffrey Thomas v. The Roman Catholic Bishop of Providence

The plaintiffs filed complaints in Providence County Superior Court against the Roman
Catholic Bishop of Providence (defendant), alleging that Father Brendan Smyth sexually abused
them on numerous occasions, beginning in 1967 until approximately 1970. The plaintiffs
alleged that the acts of abuse visited upon them all occurred while Smyth was under defendant’s
supervision. At... More...
   $0 (06-22-2016 - RI)

STATE OF IOWA vs. DANIEL EUGENE BEEMAN

The Aerostar van that Daniel Beeman had been driving was fully engulfed
in flames and stuck on the railroad tracks across Hull Avenue as he made his
way toward a guard shack at a nearby trucking company. Employees called
police, who intercepted Beeman as he walked away from the scene. The
responding officer found Beeman was unsteady on his feet with slurred and
delayed s... More...
   $0 (06-18-2016 - IA)

Kelli Tyrrell v. BNSF Railway Company

The plaintiffs in these consolidated appeals, Robert Nelson and Kelli Tyrrell
(Tyrrell), as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations
of the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 through 60, for injuries
allegedly sustained while Nelson and Brent were employed by BNSF Railway Company
in states other than Montana. Both act... More...
   $0 (06-07-2016 - MT)

LUKE GANNON, BY HIS NEXT FRIENDS AND GUARDIANS, et al., V. STATE OF KANSAS

On February 11, 2016, we affirmed the holding of the three-judge district court panel that found changes made to the State's K-12 funding system through enactment of the Classroom Learning Assuring Student Success Act of 2015 (CLASS) violated the equity component of Article 6, § 6(b) of the Kansas Constitution. Gannon v. State, 303 Kan. 682, 746, 368 P.3d 1024 (2016) (Gannon II). Specifically, we ... More...   $0 (05-29-2016 - KS)

Curtis Rookaird v. Burlington Northern Santa Fe Railroad Company (BNSF)

Seattle, WA - Former BNSF Employee Awarded $1.6 Million

Curtis Rookaird, a former Burlington Northern Santa Fe Railroad Company (BNSF) brakeman, sued BNSF on a wrongful termination theory claiming that he was fired for conducting a brake test over the objections of his supervisors. He conducted a braking check on a 42 train cars, many of which were "placarded hazardous tank cars."
<... More...
   $0 (05-28-2016 - WA)

THALIA RENFRO V. BURLINGTON NORTHERN SANTA FE RR, ET AL.

On November 4, 2001, a tragic vehicle/train accident took place at the Eddy Street railroad crossing in Vinton, Louisiana. A train was headed eastbound, and seventeen-year-old Mallory Young (“Mallory”) was driving her mother’s 2000 Mercury Mountaineer southbound on Eddy Street. The train collided with Mallory’s vehicle as she attempted to cross over the railroad tracks, and Mallory did not survive... More...   $0 (05-12-2016 - LA)

Assoc. of American Railroads v. Department of Transportation

With the Rail Passenger Service Act of 1970, Congress created Amtrak, a for-profit corporation indirectly controlled by the President of the United States. This public venture into private enterprise was, and remains, unprecedented. With the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), Congress piled anomaly on top of anomaly. See 122 Stat. 4907. It endowed this wholly unique ... More...   $0 (05-02-2016 - DC)

STATE OF IOWA vs. JOSHUA BRUCE MATHES

At approximately 2:45 a.m. on October 1, 2013, Des Moines police officer
Greg Trimble was flagged down by a naked woman, later identified as M.C. As
Officer Trimble approached her, he “could see that it looked like she’d been
assaulted.” Trimble called for backup. One of the responding officers, Officer
Natalie Licht, arrived to find Officer Trimble talking with M.C. M.C. w... More...
   $0 (04-28-2016 - IA)

STATE OF KANSAS v. GARY L. HAMMITT

Hammitt's claimed illegal sentence arose following his 2009 convictions for two second-degree murders, an aggravated battery, and a felony DUI. His criminal history consisted of 33 prior convictions, including 1 adult person felony conviction and 3 adult person misdemeanor convictions. The person misdemeanor convictions were aggregated into one person felony pursuant to K.S.A. 21-4711(a). His crim... More...   $0 (04-19-2016 - KS)

UNITED STATES OF AMERICA v. KENNETH LEE BAILEY, JR., a/k/a Simba

Following a two-day trial, a jury in the Middle District of North Carolina convicted Kenneth Lee Bailey, Jr., of carjacking in violation of 18 U.S.C. § 2119. Bailey appeals on the ground that the government adduced insufficient evidence to support the jury’s determination that he acted with the requisite intent to sustain a federal carjacking conviction.1 We hold that, under the teaching of Holl... More...   $0 (04-18-2016 - NC)

Stanford Dewayne Jones Sr. v. The State of Texas

In early November 2012, Appellant and his then girlfriend, Evelyn Hamilton, went to Lanzy Owens’s Club, a Lufkin nightclub. Evelyn left after Appellant had several drinks and started “acting crazy.” She soon received a call from the club to come pick up Appellant. She found Appellant somewhere in the club in a confused state, complaining of a broken finger and wearing only boxer shorts. Concer... More...   $0 (04-14-2016 - TX)

Florida Department of Transportation v. Dorthy Schwefringhaus, et al.

The Florida Department of Transportation (DOT) appealed a judgment
awarding $502,462.22 to CSX Transportation, Inc. (CSX) as indemnity for the
amount of a settlement and related attorneys’ fees paid by CSX to resolve a
negligence action arising from an accident at a railroad crossing. CSX Transp.,
Inc., 128 So. 3d at 210. CSX requested indemnification under a 1936 crossing More...
   $0 (04-08-2016 - FL)

Roger E. Carlson v. State of Indiana

On June 24, 1999, around 11:00 p.m., V.C., who was in her twenties, went to a
bar in Fort Wayne. While at the bar, V.C. met and spoke with a stranger who
identified himself only as “Mike.” It was later determined that “Mike” was
Carlson. Carlson and V.C. talked, danced, and had drinks together throughout
the evening.
[3] Sometime after midnight, V.C. left the bar to w... More...
   $0 (04-07-2016 - IN)

State of Minnesota vs. Debra Lee Fawcett

On May 24, 2014, at approximately 5:08 p.m., Blaine Police Officer Matzke was
dispatched to a two-vehicle accident. Officer Matzke observed that the driver of a vehicle
with heavy damage was bleeding and obviously injured. The driver told Officer Matzke
that she was driving through an intersection when she “t-boned” a vehicle that ran a red
light. Blaine Police Officer Hawle... More...
   $0 (04-07-2016 - MN)

Commonwealth v. Mazariego

The defendant was convicted of murder in the
first degree on a theory of felony-murder, based on the
predicate felony of aggravated rape. He also was convicted of
aggravated rape, and he was sentenced to concurrent terms of
life in prison. On appeal, the defendant asserts error in (1)
the denial of his motion for a required finding of not guilty;
(2) the denial of h... More...
   $0 (03-31-2016 - MA)

Smith v. Illinois Central R.R. Co

Because of the voluminous nature of the record in this case, we address only the facts necessary to decide this appeal. On July 21, 2005, plaintiff filed his complaint against Pneumo Abex Corporation; Pneumo Abex LLC; Metropolitan Life Insurance Company; Owens-Illinois, Inc.; Honeywell International, Inc.; Railroad Friction Products Corporation; and Illinois Central. As of October 2013, the only d... More...   $0 (03-27-2016 - IL)

STATE OF KANSAS v. DEBORAH LYNN WHITE

On February 20, 2013, Christina Garwood, an asset protection associate, saw White place multiple packages of curtains into a blue reusable bag at the Walmart on 37th Street in Topeka, Kansas. Garwood watched White go to the customer service desk, place the bag at her feet, and ask the customer service associate some questions. White then picked up the bag, passed the last point of purchase, and he... More...   $0 (03-25-2016 - KS)

HERALD FARLEY v. BNSF RAILWAY COMPANY

Herald Farley filed his action for damages against BNSF Railway Company under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 (2012) et seq. After deposing Farley's expert witnesses, BNSF filed several motions, including a motion to strike or limit the testimony of the liability expert, a motion for partial summary judgment alleging Farley's claims regarding injuries to his neck, uppe... More...   $0 (03-25-2016 - KS)

STATE OF NEW JERSEY VS. EMIL M. MARIN

Following a trial de novo in the Law Division, defendant
Emil M. Marin appeals from the Law Division's finding of guilt
of the disorderly persons offense of hindering his own detention
by lying to the police about having a middle name, in violation
of N.J.S.A. 2C:29-3(b)(4); and the petty disorderly persons
offense of criminal trespass on posted railroad property, in
... More...
   $0 (03-22-2016 - NJ)

IRICK v. BOARD OF COUNTY COMMISSIONERS

Plaintiff's lawsuit claimed injury in an automobile accident at night on December 27, 2010. T.L.I. was a passenger in an automobile driven by another teenager. He and the other passengers and driver were traveling from the Prague, Oklahoma, area to Shawnee, Oklahoma.

¶3 After an apparently mistaken turn, the group ended up on a county road named Crosslin Road. The road is a dead end road... More...
   $0 (03-20-2016 - OK)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher