Date: 10-20-2006

Case Style: Buttery vs. Kansas City Southern Railway Company

Case Number: CJ-2003-795

Judge: A.J. Henshaw

Court: District Court, Sequoyah County, Oklahoma

Plaintiff's Attorney: Kort A. BeSore Tulsa, Oklahoma and Mike Jones, Bristow, Oklahoma

Defendant's Attorney: C. Ryan Norton and Kirk Dougherty, Hardin, Jesson & Terry, Fort Smith, Arkansas

Description: Buttery sued Kansas City Southern Railway Company on a negligence theory claiming that the conductor failed to stop the locomotive that he was operating even though they knew that the train was going to hit the semi-tractor and trailer being driven by Plaintiff.

The conductor testified that he could have stopped the unit but if they shut a train down every time they though that they might hit something on the track they would never get anywhere.

Outcome: Plaintiff's verdict for $4,000,000.00 with a finding that Buttery was 25% at fault.

Plaintiff's Experts: John C. Glennon, Overland Park, Kansas

Defendant's Experts: Randall Morris, Omaha, Nebraska

Comments: Reported by Kort A. BeSore