Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 05-11-2019

Case Style:

William L. Walker v. BNSF Railway Company and Morrison Grain & Ag Services, Inc.

Case Number: CJ-2015-00025

Judge: Patrick M. Pickerill

Court: District Court, Pawnee County, Oklahoma

Plaintiff's Attorney: Grant L. Davis, Thomas C. Jones, Timothy C. Gaarder, John S. Carroll, Genter F. Drummond and Gary M. Gaskins, II

Defendant's Attorney: Cary F. Hiltgen, J.R. Randy Baker and Lance Cook

Description:




Pawnee, OK - William L. Walker, as Personal Representative of the Estate of Richard A. Knight, Jr., deceased, sued the BNSF Railway Company and Morrison Grain & Ag Services, Inc. on personal injury, wrongful death and negligence theories.

D. Parties' General Statement of Facts:

E. Plaintifr s General Statement of Facts:

This lawsuit arises from a train vs. Mack truck tractor-trailer wreck that occurred on May 8, 2013, in Lela, Pawnee County, Oklahoma, at the railroad crossing of the BNSF Railway Company tracks and County Road 310 just north of the intersection of State Highway 64. Decedent Richard Knight was killed when the Mack truck and trailer he was operating was struck broadside in the driver's side door by a westbound train as he was operating the truck over the Lela crossing. The wreck occurred at approximately 12:45 p.m. on a Wednesday afternoon. Mr. Knight was in the process in picking up a piece of heavy machinery at the crossing. The grain silo building on the northeast quadrant of the crossing was in the process of being demolished at the time Mr. Knight was struck and killed. Mr. Knight was working for the demolition company, Midwest Wrecking Co., as a driver/hauler at the time.

The Lela crossing was marked with crossbuck signs and stop signs. The crossbuck on the north side of the crossing was located 80 feet north of the crossing. The crossbuck on the south side of the crossing was placed in a 55-gallon drum. Stop signs had been placed at the crossing following a June 27, 2012 wreck that occurred in the same directions of travel as Mr. Knight's wreck. The buildings surrounding the crossing were leased from the railroad by Morrison Grain & Ag Services. The building in the northeast quadrant was located within the Oklahoma Corporation Commission visibility sight triangle measuring 50 feet down the roadway and 250 feet down the tracks. The grain silo building obstructed Mr. Knight's view of the oncoming train. The Lease Agreement that BNSF had with the Morrison Grain stated that the property had the danger of visual obstructions that due to the close proximity to the railroad grade crossing could result in severe injury or death. BNSF Railway had determined that the grain silo building needed to be tom down due to it being a sight hazard such that BNSF would not continue to lease the property to Morrison Grain until the grain silo was tom down. Neither BNSF nor Morrison Grain had advised Mr. Knight or Midwest Wrecking of this issue. Additionally, although Midwest Wrecking advised Morrison Grain that it would be on site at Lela on Monday, May 6, 2013 to conduct the demolition of the grain silo, Morrison Grain never advised BNSF of the demolition

2

activities despite BNSF's demand to Morrison Grain to advise BNSF when demolition activities would occur.

The wreck fatally injured Mr. Knight. His body was nearly fully consumed in the fire that resulted after the impact. Plaintiff William Walker is the Personal Representative of the Estate of Richard Knight. Mr. Knight is survived by his three children, Joseph Knight, Rachelle Knox, and Leisha Knight.

F. Defendant's General Statement of Facts:

1. BNSF's General Statement of Facts

This lawsuit arises from an accident which occurred on May 8, 2013 at a railroad crossing in Lela, Oklahoma in Pawnee County. The Plaintiff's decedent, Richard Knight, was operating a tractor trailer just north of the Lela crossing. Mr. Knight had travelled to the location from highway 64 and had just passed over the crossing heading north. He was driving southbound but was looking over his right shoulder at his trailer as he pulled onto the Lela crossing. Mr. Knight failed to stop at a stop sign which was located approximately 21 feet from the Lela crossing. Had Mr. Knight, stopped, looked and listened he would have heard and seen the train approaching from the east. The train started blowing its horn approximately 18 seconds before it would enter the Lela crossing. The train was travelling 44 miles per hour, below the speed allowed per FRA regulations.

Mr. Knight was an employee of Midwest Wrecking who had been hired by Morrison Grain to remove the structures which were located on BNSF's property that had been leased to Morrison Grain. Midwest Wrecking never requested access to BNSF's property outside of the lease and never informed BNSF they would be working on the main line track or would have any people or equipment that would foul the main line track.

2. Morrison Grain & Ag Services, Inc.'s General Statement of Facts

This lawsuit arises from an accident which occurred on May 8, 2013 at approximately 12:50 p.m. at a railroad crossing in Lela, Oklahoma in Pawnee County. The plaintiff's decedent, Richard Knight, was operating a tractor trailer just north of the Lela crossing. Mr. Knight was employed by Midwest Wrecking, which had been hired by Morrison Grain to remove old buildings owned by Morrison Grain that were located on the BNSF right of way. BNSF required that Morrison Grain have the structures removed, and Morrison Grain had hired Midwest Wrecking to remove the buildings.

Mr. Knight was an experienced Midwest Wrecking employee with a commercial driver's license. On the day of the accident, he had driven from Oklahoma City to U.S. Highway 64 to Lela and had just passed over the crossing heading north. He was pulling a flatbed trailer and was planning to load a trackhoe onto the trailer and take it from the Lela demolition location. While maneuvering the flatbed trailer into position to load the trackhoe, Mr. Knight was looking back over his right shoulder. The front of his tractor trailer was pointing and moving south as he was looking back over his right shoulder to the north. A stop sign for southbound traffic in the direction of Mr. Knight was located approximately 21 feet north of the Lela crossing. Mr. Knight failed to

3

properly stop at the stop sign. He failed to observe the westbound BNSF train which was blowing its horn and traveling below the regulated train speed limit. Had Mr. Knight stopped, looked and listened, he would have both heard and seen the train approaching from his left.

Mr. Knight knew that the train track was present, as he had just traveled over the train track northbound when he arrived at the Lela location. Mr. Knight's supervisor will testify that Mr. Knight was aware of the railroad crossing because they had discussed the railroad crossing before the project began. Mr. Knight had previously been to the location when a Morrison Grain fertilizer building had been demolished a few months before the accident.

BNSF's leasing agent was advised by Morrison Grain in February 2013 that the fertilizer building had been removed and the crew from Midwest Wrecking would be onsite the next day. When the demolition was delayed due to weather, Morrison Grain again advised BNSF's leasing agent in April 2013 that contractors were coming "next week" to remove the remaining buildings. Morrison Grain had previously requested the train schedule from BNSF's leasing agent but was advised BNSF would not release its schedules. When Morrison Grain received an April 2, 2013 letter from BNSF's attorney advising Morrison Grain not to remove any buildings without further notice to BNSF, Morrison Grain advised BNSF's leasing agent on April 5, 2013 that demolition was being rescheduled for the week of April 22, 2013, based upon the Railroad attorney's request. On April 10, 2013, Morrison Grain again advised BNSF's leasing agent that Morrison Grain would be clearing the building "sometime this Spring" and that with the expected rains, the demolition had been extended a bit. BNSF was aware, in advance of the date of the accident, that further demolition was imminent.

Midwest Wrecking is an expert in demolishing buildings. It has experience working around railroads. Midwest Wrecking's owner will testify that when he inspected the location to prepare his bid for the demolition of the structures, he could observe and knew that the railroad was active and he had no concerns about contacting BNSF in advance because the demolition would not harm the railroad tracks. After all demolition was completed, Midwest Wrecking's owner advised the job was completed without the need for access to the railroad right of way.


3. Plaintifrs Contentions:

Plaintiff William Walker, on behalf of the Estate of Richard Knight, has brought suit for wrongful death, negligence, intentional conduct, and punitive damages against BNSF Railway Company and Morrison Grain & Ag Services:

A. Theories of Recovery and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon:

1. Negligence per se: BNSF failed to comply with 66 O.S. § 128 which requires: "It shall be the duty of every railroad company or corporation doing business, or operating a line of railroad, within this state, to construct a crossing across that portion of its track, roadbed or right-of-way over

4

which any public highway may run, and maintain the same unobstructed, in a good condition for the use of the public.";

2. Negligence/Intentional Act: BNSF failed in its duty to maintain its crossing and right-of-way or property in a safe and reasonable condition for the passage of motorists, including the failure to maintain adequate signs of warning at the crossing on BNSF's property after such signs were installed;

3. Negligence/Intentional Act: BNSF failed in its duty to adequately and properly mark the crossing to provide the motorists with sufficient information for safe passage over the crossing;

4. Negligence/Intentional Act: BNSF failed in its duty to clear its crossing and right-of-way or property of visual obstructions and visual clutter which interfered with motorists' views of approaching trains;

5. Negligence/Intentional Act: BNSF failed in its duty to maintain its crossing and right-of-way in a safe and· reasonable condition for the passage of motorists;

6. Negligence/Intentional Act: BNSF failed in its duty to maintain crossbucks and/or stop signs of caution at the crossing;

7. Negligence/Intentional Act: BNSF, by and through its engineer and train crew, failed in their duty to keep a careful lookout;

8. Negligence/Intentional Act - BNSF, by and through its engineer and train crew, failed in its duty to slow, decelerate or slacken the speed of the train or take other evasive action in response to the specific individual hazards at the crossing, which were known or should have been known to have existed at the time of the collision with the subject vehicle at the crossing, including the unwavering approach of the vehicle and the imminent collision;

9. Negligence Per Se: BNSF failed to maintain crossbucks and/or stop signs at the Lela crossing in violation of 66 O.S. § 124;

I 0. BNSF failed to maintain crossbucks and/or stop signs and to comply with the Manual on Uniform Traffic Control Devices;

11. BNSF failed to issue a slow order or other speed restriction reducing the speed of trains through the Lela Scale House Crossing in light of the dangerous conditions existing thereon;

12. BNSF failed to apply the BNSF Roadway Worker Protection/On-Track Safety requirements to the work to be done and/or arrange for appropriate roadway worker protection;

5

13. BNSF failed to train or require the training of the demolition crew with BNSF's Roadway Worker/On-Track Safety training;

14. BNSF failed to issue a stop or slow order to trains passing through the Lela Scale House Crossing, or demand track rights or clearance at the crossing, while the work of the demolition crew was being performed despite knowing that the demolition crew would be working within 25 feet of the BNSF mainline track, including specifically the demolition of a building located a mere 16 feet away from the main line track;

15. BNSF failed to place a qualified flagman on the track at such location to flag oncoming trains to provide appropriate track authority or otherwise warn train crews and the demolition workers of the danger of an oncoming train;

16. BNSF failed to construct fencing or designate an employee to serve as a lookout to ensure the demolition crew would not foul the BNSF mainline track when a train was approaching;

17. BNSF failed to put in place appropriate track protection;

18. BNSF failed to implement a radio communication link to be able to warn demolition crew workers of the danger of an oncoming train;

19. BNSF failed to use, implement and /or enforce reasonably safe operating procedures for the task;

20. BNSF installed, had installed, or acquiesced to the installation of improperly placed and non-conforming to the standards of the MUTCD, crossbucks and/or stop signs at the Lela Scale House Crossing.

21. BNSF agreed to and allowed to have the Morrison Grain buildings, including the grain elevator and silo in the northeast quadrant, built, operated and maintained at the Lela Scale House Crossing despite knowing that the location of such buildings would create a visual obstruction to motorists at the crossing and be in violation of Oklahoma regulations;

22. Morrison Grain & Ag Services operated and maintained the Morrison Grain buildings at the Lela Scale House crossing, including the grain elevator and silo in the northeast quadrant, at the Lela Scale House Crossing despite knowing that the location of such buildings would create a visual obstruction to motorists at the crossing and be in violation of Oklahoma regulations;

23. BNSF and Morrison Grain & Ag Services failed to cooperate with one another in the removal and razing of the buildings at the Lela Scale House

6

Crossing such that either BNSF was not made aware of the demolition efforts on the day of Mr. Knight's death, or Morrison failed to request permission for demolition workers to be working on the BNSF right-of­ way, the result of which was to allow for high speed trains travelling upwards of 45 miles per hour to pass through the Lela Scale House Crossing when the demolition work was being done on the BNSF right-of-way in very close proximity to the active railroad tracks;

24. BNSF and/or Morrison Grain failed to communicate to Midwest Wrecking the need to obtain a temporary occupancy permit prior to Midwest Wrecking entering the Lela crossing property;

25. Punitive damages - that the conduct of defendant BNSF Railway Company in causing Mr. Knight's death demonstrates intent, malice, and/or reckless indifference for the safety of others for the actions enumerated above.

B. List Damages or Relief Sought:

1. Wrongful death damages against BNSF Railway Company and Morrison Grain & Ag Services, Inc. allowable under Oklahoma law in an amount that will compensate Plaintiff for all detriment proximately caused thereby, whether it could have been anticipated or not; including, but not limited to those harms and losses suffered by Plaintiff, the Estate of Richard Knight, the beneficiaries to the Estate, and to Mr. Knight himself.

2. Punitive damages against BNSF Railway Company for BNSF's intentional, reckless and malicious conduct for the acts enumerated above.

3. Prejudgment and postjudgment interest under 12 O.S. §§ 727 and/or 727.1.


4. Defendant BNSF Railway Company's Contentions:

1. BNSF denies the Plaintiff's contentions.

2. The accident was caused solely by the negligence of Plaintiff.

3. Plaintiff was negligent per se because he violated the following rules of the road:

a. 47 O.S. §11-102 which provides it shall be unlawful to do any act forbidden or fail to perform any act required by the rules of the road.

b. 47 O.S. §11-201 which provides the driver of any vehicle shall obey any traffic control device applicable thereto.

7

c. 47 O.S. §11-403 which provides the driver of a vehicle approaching a yield sign shall slow to a reasonable speed for the existing conditions or shall stop as necessary as provided in 11-703; and shall yield the right of way to any vehicle so close as to constitute an immediate hazard.

d. 47 O.S. §11-70 I which provides a person shall stop not less than 15 feet but no more than 50 feet from the nearest railroad track when a train within approximately 1500 feet of a crossing emits a signal and the train is an immediate hazard; or the train is plainly visible and in hazardous proximity to the crossing.

e. 47 O.S. §11-703 which provides the driver of the vehicle to stop at a stop sign at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway.

f. 47 O.S. §11-801 which provides any person driving shall drive at a careful and prudent speed not greater than nor less than is reasonable and proper having due regard to any conditions existing; and no driver shall drive at a speed greater than would permit the driver to bring the car to a stop within the assured clear distance ahead.

g. 47 O.S. §11-901 which provides it shall be deemed reckless driving for any person to drive in a careless and wanton manner without regard to the safety of persons or in violation of the conditions outlined in 11-80 I.

h. 47 O.S. §90I(b) which provides the operator of every vehicle shall devote full time and attention to driving.

4. Plaintiff was also negligent because:

a. He failed to exercise caution before crossing the tracks.

b. He failed to stop, look and listen before crossing the tracks.

c. He failed to yield the right of way to an oncoming train.

d. He failed to stop at the stop sign.

e. He failed to act as a reasonable professional driver.

f. He failed to expect a train at the Lela crossing.

5. If there was a visual obstruction, which this Defendant vehemently denies, BNSF asserts that it was nothing more than a condition and the sole proximate cause of the injury was negligence of Plaintiff.


8

6. The failure of Plaintiff to obey the law and heed the warnings at the crossing breaks the causal chain and is the sole proximate cause of the incident.

7. Plaintiffs claims regarding BNSF's duty to warn are preempted by FRA regulations related to BNSF's use of the locomotive horn. 49 U.S.C §§ 20103 and 20106 and 49 C.F.R. §§ 222.21, 222.23 and 229.129.

8. Plaintiffs claims regarding BNSF's speed are preempted by FRA regulations which control and preempt any state law claims.

9. The Lela Crossing was not designated by the Oklahoma Corporation Commission as ultra-hazardous.

10. There was not a local or specific individual safety hazard present at the Lela Crossing on April 15, 2006.

11. The speed of the train was not the proximate cause of the accident.

12. The variance in the horn pattern, which BNSF denies exists, was not the proximate cause of the accident.

13. The location of the crossbuck was not the proximate cause of the accident.

14. BNSF did not have any duty related to the stop sign. The roadway authority is responsible for the erection and maintenance of stop signs on public roadways.

15. The imposition of punitive damages is unconstitutional.

16. The structures at the Lela crossing were not covered by the OCC sight triangle regulation as they were structures necessary to railroad operations.

17. The structures at the Lela crossing were in place prior to the OCC regulation concerning the sight triangle and therefore are exempt. OAC 165:32-5-2.

18. The cause of the accident if not Plaintiff was actions and/or inactions of non-party Midwest Wrecking.


5. Defendant's Morrison Grain & Ag Services Contentions:

1. Morrison Grain denies the Plaintiffs Contentions.

2. The accident was caused solely by the negligence of Plaintiffs decedent (Plaintiff).

9


3. Although Morrison Grain believes the accident was solely caused by the negligence of Plaintiff, in the alternative Morrison Grain contends that third parties contributed to the accident.

4. Morrison Grain had no duty to Plaintiff. In Oklahoma, one who engages an independent contractor to do work for him, and who does not himself undertake to interfere with or direct that work, is not obligated to protect the employee of the contractor from hazards which are incidental to or part of the very work which the independent contractor has been hired to perform. Marshall v. Hale-Halsell Co., 932 P.2d 1117 (Okla. 1997). See also Vecchio v. Anheuser-Busch, Inc., 328 F.2d 714 (2nd Cir. 1964).

5. Morrison Grain had no duty to warn Plaintiff of the open and obvious danger of driving his vehicle on the railroad track.

6. The location of the grain building created at most a condition, which was not the legal proximate cause of the accident.


G. Miscellaneous:

A. Is Jury Waived?

No.

B. Is Additional Discovery Requested?

No.

C. A trial brief (is/is not) required by the Court.

No trial brief is required, however, the parties may submit trial briefs to the Court through prior to submission of the case to the Jury.

D. Other Matters:

1. Pending motions: Currently there are pending the following motions:

A. Plaintiff Walker, Estate of Richard Knight:
1) None.

B. Defendant BNSF Railway Company
1) Brief regarding use of O.C.C. sight triangle.

C. Defendant Morrison Grain & Ag Services
1) None.

10

2. Deposition Designations of all parties

3. What fact issues remain to be resolved:

A. Whether BNSF Railway Company is liable to Plaintiff William Walker on behalf of the Estate of Richard Knight.
B. Whether Morrison Grain & Ag Services is liable to Plaintiff William Walker on behalf of the Estate of Richard Knight.
C. What percentages of fault (0-100%) are attributable to the parties.
D. If either BNSF or Morrison Grain & Ag Services are liable, what are the damages that Plaintiff Walker on behalf of the Estate of Richard Knight sustained, including both compensatory and punitive damages (if so awarded).


1. Plaintifrs Exhibits:

Exhibit I - Heriberto Diaz deposition - Marked-up Aerial Photo

B- Foundation

MGAS-same ob·ection

2
Exhibit 2 - Heriberto Diaz deposition - Google earth satellite image

B-Relevance- 12
O.S.§ 2402

MGAS-same ob·ection

3
Exhibit 3 - Heriberto Diaz deposition - Indefinite Term Lease Land

B- Relevance, Prejudice- 12 O.S.§
2402

MGAS-same ob·ection

4
Exhibit 4 - Heriberto Diaz deposition - BNSF Contractor Safety Engineering Course

B-Relevance, Hearsay- 12 O.S.
§§ 2402, 2403,
2802

MGAS-same ob·ection

5
Exhibit 5 - Heriberto Diaz deposition - photo of crossing



6
Exhibit 6 Heriberto Diaz deposition - photo of crossing



7
Exhibit 7 - Mario Ramirez deposition - Marked-up Aerial photo

B-Foundation

MGAS-same ob·ection

8
Exhibit 8 - Mario Ramirez deposition - Marked-up Aerial photo

B- Foundation


1 I


MGAS-same ob·ection

9




10




II
Exhibit 11 - Mario Ramirez deposition - photo of crossing



12
Exhibit 12 - Sergio Alvarez deposition - Marked-up Aerial photo

B- Foundation

MGAS-same ob·ection

13
Exhibit 13 - Sergio Alvarez deposition - Marked-up Aerial photo

B- Foundation

MGAS-same ob·ection

14




15
Exhibit 15 - Sergio Alvarez deposition - photo of crossing

B- Foundation

MGAS-same ob·ection

16
Exhibit 16 - Gabriel Leach deposition - photo of scraped concrete at crossing BNSF 0769



17
Exhibit 17 - Gabriel Leach deposition - photo of skid marks at crossing (BNSF 0771



18
Exhibit 18 - Gabriel Leach deposition - photo of skid marks at crossing (BNSF 0772



19
Exhibit 19 - Gabriel Leach deposition - aerial photo of crossing



20
Exhibit 20 - Gabriel Leach deposition - photo of crossbuck



21
Exhibit 21 - Gabriel Leach deposition - photo of debris from semi at scene BNSF 0785)



22 Exhibit 22 - Gabriel Leach deposition - photo of trailer and crushed stop sign BNSF 0853



23 Exhibit 23 - Gabriel Leach deposition - photo of grain storage building (BNSF 0855



24 Exhibit 24 - Gabriel Leach deposition - photo of view down the tracks (BNSF 0948)



25 Exhibit 25 - Jackie Knox, Jr. deposition - aerial photo of crossing with witness notations

B- Foundation

MGAS-same ob·ection

26 Exhibit 26- Jackie Knox, Jr. deposition - aerial photo of crossing with witness notations

B- Foundation

MGAS-same ob·ection

27



28 Exhibit 28 - Jackie Knox, Jr. deposition - photo of dock with witness notations

B- Foundation

MGAS-same ob·ection


12









29
Exhibit 29- Jackie Knox, Jr. deposition - photo of dock and back hoe with witness notations

B- Foundation

MGAS-same ob·ection

30
Exhibit 30- Jackie Knox, Jr. deposition - Google Earth view of crossing as of 2/24/2012

B- Foundation. Relevance- 12 O.S.
§2402

MGAS-same ob·ection

31
Exhibit 31 - Chief Novotny deposition - Fire report (Knight 0184-0188)

8- Authentication. hearsay, impermissible lay opinion- 12 O.S. §§ 2402, 2403, 2802,
2901

MGAS-same ob·ection

32
Exhibit 32 - Chief Novotny deposition - photo of lead locomotive 7419 and emer enc ersonnel BNSF 0733



33




34




35
Exhibit 35 - James Hill deposition - aerial photo of crossing with witness notations

8- Foundation

MGAS-same ob·ection

36




37




38




39




40




41




42
Exhibit 42- Right-of-Way Map

B- Authentication. relevance, deposition transcript, hearsay. pleadings from other cases, prejudice, foundation- 12
0.S.§§ 2402, 2403,
2802,2901

MGAS-same ob·ection

43
Exhibit 43 - Bill Hughes deposition - Case documents

B- Hearsay, relevance,
authentication,


13














foundation, prejudice- 12
O.S.§§ 2402, 2403,
2802,2901

MGAS-same ob·ection

44




45
Exhibit 45 - Bill Hughes deposition - List of documents relied upon by witness and selected documents from list

8- Hearsay, relevance, authentication, foundation, prejudice, Deposition Transcript, law and regulations- I 2
O.S.§§ 2402, 2403,
2802,2901,3232
No Objection p. 8




MGAS-same ob·ection

46




47




48




49




50




51




52




53




54




55




56




57
Exhibit 57 - Jim Scott deposition - Event recorder printout lead locomotive (BNSF 0010-0011)

8- Foundation,
incomplete- 12
o.s. § 2107




MGAS-samc ob·ection

58
Exhibit 58 -Jim Scott deposition - Event recorder printout other locomotives (BNSF 0001, 0003, 0010-0012, 0019)

8- Foundation, incomplete-12 O.S.
§ 2107




MGAS-same ob·ection



14












59
Exhibit 59- Jim Scott deposition - Documents used to calculate train length (BNSF 0132-0133, 0192-0193, 0203-0204)

B- Hearsay, foundation, relevance, inadmissible under federal law- - 12
O.S.§§ 2402, 2403,
2802, 49 u.s.c. §
20903

MGAS-same ob·ection

60




61
Exhibit 61 - Jim Scott deposition - Track obstruction noted as "I - permanent structure" (BNSF 0206)

B- Incomplete. hearsay, foundation, inadmissible under federal law- 12
O.S.§§ 2107, 2402,
2403,2802,49
U.S.C. § 20903

MGAS-same ob·ection

62




63




64
Exhibit 64 - Jim Scott deposition - General Track Bulletin No. 33279 pg. 2 (BNSF 0168)

B- Incomplete- 12
O.S. § 2107

MGAS-same ob·ection

65
Exhibit 65 - Jim Scott deposition - Excerpts from 4/7/20 IO GCOR

B- lncomplete- 12
O.S. § 2107

MGAS-same ob·ection

66




67




68




69




70




71
Exhibit 71 - Al Blackwell deposition - Google Earth view of the crossing (black/white)

B- Foundation, Relevance- 12 O.S.
§§ 21072402

MGAS-same ob·ection

72
Exhibit 72 - Al Blackwell deposition - Google Earth view of the crossing (color) with witness notations

B- Foundation, Relevance- 12 O.S.
§ 2402


15







. Obie$!ion.,t:·
,:-•i " 00 4;\', 1rfi,-,
- Fli:(!1



73

73.1

73.2

73.3 Blackwell photo from 6/23/16 crossing inspection
MGAS-same ob·ection

73.4 Blackwell photo from 6/23/16 crossing inspection B- Relevance, Prejudice- 12 O.S.
§§ 2402, 2403



73.5 Blackwell photo from 6/23/16 crossing inspection

73.6 Blackwell photo from 6/23/16 crossing inspection
MGAS same ob·ection

73.7 Blackwell photo from 6/23/16 crossing inspection B- Relevance, Prejudice- 12 O.S.
§§ 2402, 2403

MGAS same ob·ection
73.8 Blackwell photo from 6/23/16 crossing inspection B- Relevance, Prejudice- 12 O.S.
§§ 2402, 2403

MGAS same ob·ection
73.9 Blackwell photo from 6/23/16 crossing inspection

73.10 Blackwell photo from 6/23/16 crossing inspection B- Relevance, Prejudice- 12 O.S.
§§ 2402, 2403

MGAS same ob·ection
73.11

73.12 Blackwell photo from 6/23/16 crossing inspection B- Relevance, Prejudice- 12 O.S.
§§ 2402, 2403




73.13 Blackwell photo from 6/23/16 crossing inspection

74 Exhibit 74 - Al Blackwell deposition - Excerpts from OLI Grade Crossing Collision Investigation manual
MGAS same ob·ection


B- Foundation. relevance, hearsay, incomplete- 12
O.S. §§ 2402, 2802

MGAS-same

16














objection

75
Exhibit 75 - Al Blackwell deposition - Excerpts from Railroad-Highway Grade Crossing Handbook - Revised Second Edition 2007

8- Foundation, relevance, hearsay. incomplete- 12
o.s. §§ 2107,
2402,2802

MGAS-same ob·ection

76
Exhibit 76- Al Blackwell deposition - 8/4/1988 Letter to Chaim1an Burnett of NTSB from Administrator Riley ofFRA

8- Foundation, relevance, hearsay- 12 O.S. §§ 2402,
2802

MGAS-same ob·ection

77
Exhibit 77 - Al Blackwell deposition - 2017 Oklahoma Statute Section 66-128 Railroads to Construct Crossings

8- Relevance, Law

MGAS-same ob·ection

78
Exhibit 78 -Al Blackwell deposition - Oklahoma Administrative Code Section 165:32

8- Law, relevance-
12 O.S. § 2402

MGAS-same ob·ection

79
Exhibit 79- Al Blackwell deposition - Excerpts from 2009 MUTCD

B- Hearsay, Relevance- 12 O.S.
§§ 2402, 2802

MGAS-same ob·ection

80
Exhibit 80- Al Blackwell deposition - 2017 Oklahoma Statute Section 66-124 Signs at Crossings

8- Relevance, Law

MGAS-same ob·ection

81
Exhibit 81 - Al Blackwell deposition - Excerpts from I/ l /2012 BNSF Engineering Instructions

8- Incomplete, hearsay, relevance- 12 O.S. §§ 2402,
2802

MGAS-same ob·ection

82
Exhibit 82 - Al Blackwell deposition - Excerpts from 12/1/2012 BNSF Maintenance of Way Operating Rules

B- Incomplete- 12
O.S. § 2107

MGAS-same ob·ection

83
Exhibit 83 -Al Blackwell deposition - Excerpts from 11/1/2012 BNSF Maintenance of Way Safety Rules

8- Incomplete 12
O.S. § 2107

MGAS-same ob·ection

84
Exhibit 84 - Al Blackwell deposition - CFR Title 49-213 Track Safety Standards

8- Law, foundation.


17








hearsay, relevance- 12 o.s. §§ 2402,
2802

MGAS-same ob·ection

85
Exhibit 85 - Al Blackwell deposition - Excerpts from 4/26/2000 AREMA Track Safety Standards Workshop Participant Guide

8- Hearsay.
relevance- 12 O.S.
§§ 2402, 2802

MGAS-same ob·ection

86
Exhibit 86 - Al Blackwell File

8- Hearsay, relevance, authentication, foundation, prejudice, Deposition Transcript, law and regulations. inadmissible under federal law - 12 O.S. §§ 2402,
2403. 2802, 2901,
3232, 23 U.S.C.
§409, 49 U.S.C. §
20903

MGAS-same ob·ection

87
Exhibit 87 - Al Blackwell deposition - aerial photo of crossing with witness notations

8- Foundation

MGAS-same ob·ection

88
Exhibit 88 - Al Blackwell deposition - aerial photo of crossing



89
Exhibit 89 - Al Blackwell deposition - photos of measurements of northernmost rail of the mainline to the northernmost rail of siding track

8- Relevance,
Prejudice- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection

90
Exhibit 90 - Eddie Adams deposition - photo

8- Foundation. impermissible lay opinion- 12 O.S. § 2701

MGAS-same ob·ection

91




92




93




94





18











95

96

97

98

99 Exhibit 99 - Will Clark deposition - 3/21/l 8 Expert Report of Will Clark (unsigned)




100

IOI

102

103


8- Relevance, hearsay- 12 O.S. §§ 2402,2403,2802

MGAS-same ob·ection

104 Exhibit I 04 - Will Clark deposition - Will Clark file 8- Foundation, relevance, hearsay, deposition transcripts- 12 O.S.
§§ 2402, 2403,
3232




105

106

107

108 Exhibit 108- Ken Drevnick deposition- Excerpts from 1000/2000 Operator's Manual - Motorhome Series







109

110

111 Exhibit 111 - Ken Drevnick deposition - Doug Mitchell photos with exemplar vehicle at crossing and aerials: law enforcement photos; Fearless Eye photos with exemplar vehicle at the crossing '
MGAS-same ob·ection






8- Relevance, hearsay, prejudice. unsupported opinions- 12 O.S.
§§ 2402, 2403.
2702 and 2703

MGAS - same ob·ection




8- Relevance.
prejudice- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection
112 Exhibit 112 - Ken Drevnick deposition - Weather conditions for 5/8/2013 8- Relevance.
hearsav- 12 O.S. §§


19









c.i
. Admit
Y:Pti
-;?'I,



2402,2403

MGAS-same ob·ection


113




114




115
Exhibit 115 - Ken Drevnick deposition - Event recorder printouts from all locomotives



116




117




118
Exhibit 118 - Ken Drevnick deposition - Excerpts from 2009 MUTCD

B- Hearsay, incomplete, relevance, prejudice- 12 O.S.
§§ 2402, 2403,
2802

MGAS-same ob·ection

119
Exhibit 119 - Ken Drevnick deposition - Standard spec for crossbuck

B- Foundation, incomplete, relevance-12 O.S. § 2107,2402

MGAS-same ob·ection

120
Exhibit 120- Ken Drevnick deposition - Oklahoma Statute Section 47:11-701 Drivers Duty: 47:11-201 Traffic Control Devices; 47:11-401 Vehicle Approaching or Entering Intersection: 47:11-703 Stop Signs and Yield Signs: 47:11-403 Vehicle Entering Stop or Yield Intersection;

B- Relevance, Hearsay, law- 12
O.S. §§2402, 2802

MGAS-same ob·ection

121
Exhibit 121 - Ken Drevnick deposition - Expert Report of Ken Drevnick

B- Hearsay- 12
O.S. § 2802

MGAS-same ob·ection

122
Exhibit 122 - Ken Drevnick deposition - aerial photo of crossing with witness notations

B- Foundation

MGAS-same ob·ection

123
Exhibit 123 - Ken Drevnick deposition - aerial photo of crossing with witness notations;

B- Foundation

MGAS-same ob·ection

124




125
Exhibit 125 - Mathison Case File

B- Hearsay, collision report, foundation, pleadings,
relevance,


20





prejudice, lay opinion CV- - 12 O.S. §§ 2402,
2403,2802, 2701

MGAS-same ob·ection

126
Exhibit 126 - Brad Mathison deposition - Mathison hard drive for this case

B- Hearsay, relevance, authentication. foundation, prejudice, Deposition Transcript, law and regulations, inadmissible under federal law- 12
O.S. §§ 2402,
2403, 802, 2901,
3232. 23 u.s.c.
§409, 49 U.S.C. § 20903

MGAS-same ob·ection

127




128




129




130




131




132




133
Exhibit 133 - Mike Seidemann deposition - Expert Report of Mike Seidemann

B- Hearsay-12 O.S.
§ 2802

MGAS-same ob·ection

134
Exhibit 134 - Mike Seidemann deposition - Factors Related to Audibility of Train Hom

B- Relevance, hearsay, testing
lacks foundation- 12 o.s. § 2402,
2802

MGAS-same ob"ection

135




136
Exhibit 136 - Mike Seidemann deposition - Photos of crossing and exemplar horns and locomotive

B- Relevance, prejudice- 12 O.S.
§ 2402

MGAS-same ob·ection


21





137
Exhibit 137 - Mike Seidemann deposition - Specifications for BNSF 6600- 7054 locomotive hi hli hted b witness



138
Exhibit 138 - Mike Seidemann deposition - Photo of lead locomotive 7419



139
Exhibit 139 - Mike Seidemann deposition - Richard Knight hearing test results MW 0083-MW 0084



140
Exhibit 140 - Mike Seidemann deposition - Hom test results (BNSF O182- BNSF 0183

8- Foundation

141
Exhibit 141 - Mike Seidemann deposition - Mike Seidemann handwritten notes

8- Hearsay! 2 O.S.
§ 2802

MGAS-same ob·ection

142
Exhibit 142 - Mike Seidemann deposition - Mike Seidemann handwritten notes from 5121113 site visit

8- Hearsay, Relevance, Foundation-12 O.S.
§§ 2402, 2403,
2802

MGAS-same ob·ection

143




144
Exhibit 144 - Mike Seidemann deposition - aerial photo of crossing



145
Exhibit 145 - Mark Burkes deposition - General Track Bulleting (BNSF 0167- BNSF 0181)

8- Relevance- 12
O.S. § 2402

MGAS-same ob·ection

146
Exhibit 146 - Mark Burkes deposition - General Order No. 64 (BNSF 0708- BNSF 00728)

8- Relevance, Hearsay- 12 O.S. § 2402,2802

MGAS-same ob·ection

147
Exhibit 147 - Mark Burkes deposition- BNSF Safety Topics: Temporary Speed Restrictions (BNSF 1631-BNSF 1632)

8- Relevance, Hearsay- 12 O.S. § 2402,2802

MGAS-same ob·ection

148
Exhibit 148 - Mark Burkes deposition - BNSF Safety Topics: Form B Protection (BNSF 1629-BNSF 1630)

8- Relevance, Hearsay- 12 O.S. § 2402,2802

MGAS-same ob·ection

149
Exhibit 149 - Mark Burkes deposition - 5/8/2013 BNSF Supervisor Report of Accident (BNSF 0200-BNSF 0206)

8- Inadmissible under federal law- 49 U.S.C § 20903

MGAS-same ob·ection



22





150
Exhibit I 50 - Mark Burkes deposition - Google Earth view of crossing as of 2/24/2012

8- Relevance,
Foundation- I 2
O.S. § 2402

MGAS-same ob·ection

151
Exhibit I 5I - Mark Burkes deposition - Aerial photo of crossing



152
Exhibit I 52 - Mark Burkes deposition - Photo of dock



153
Exhibit 153 - Mark Burkes deposition - Photo of scale house and crossbuck in garbage barre1

8- Relevance- I 2
O.S. §§ 2402, 2403

MGAS-same ob·ection

154
Exhibit I 54 - Mark Burkes deposition - Photo of crossbuck in garbage barrel (BNSF 0840)

8- Relevance- I 2
O.S. §§ 2402, 2403

MGAS-same ob·ection

155
Exhibit I 55 - Mark Burkes deposition - Photo of semi wreckage (BNSF 0876)

8- Relevance,
prejudice- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection

156
Exhibit 156 - Mark Burkes deposition - Remedy Tickets (BNSF 0071)

8- Relevance,
Prejudice, Hearsay- 12 o.s. §§ 2402,
2403,2803

MGAS-same ob·ection

157
Exhibit I 57 - Mark Burkes deposition - Photo of locomotive horn (BNSF 0912)



158
Exhibit 158 - Mark Burkes deposition - Work Orders (BNSF 0124-BNSF 0166)



159
Exhibit I 59 - James Adams deposition - Excerpts from BNSF Air Brake and Train Handling Rules (BNSF 1419; BNSF 1485)

8- Incomplete- I 2 O.S.§2107

MGAS-same ob·ection

160
Exhibit I 60 - James Adams deposition - Photos of interior cab of lead locomotive 74 I 9



161
Exhibit I 6 I - Ed Nickerson deposition - 4/2/20 I 3 Letter to Morrison Grain from BNSF re: removal of buildings at Lela crossing (BNSF I 643)

8- Relevance, prejudice, hearsay-
12 o.s. §§ 2402.
2403,2802

MGAS-same ob·ection

162
Exhibit 162 - Ed Nickerson deposition - 5/8/2013 Event Recorder Data Transmittal Form BNSF 0025



163





23











164





165
Exhibit 165 - Stan Oglesby file (selected materials)

B- Relevance, hearsay pleadings, depositions, collision reports, foundation- 12 O.S.
§§ 2402, 2403,
2802,3232

MGAS-same ob·ection

166




167




168




169




170




171
Exhibit 171 - Foster Peterson deposition - Foster Peterson billing to BNSF

B- Relevance, Hearsay- 12 O.S.
§§ 2402, 2403.
2802

MGAS-same ob·ection

172




173




174




175
Exhibit 175 - Amber Warlick deposition - Aerial photo of crossing

B- Foundation

MGAS-same ob·ection

176
Exhibit 176 - Amber Warlick deposition - Photo of gator with mounted train horn



177
Exhibit 177 - Amber Warlick deposition - Photo of gator with mounted train horn



178




179




180
Exhibit 180 - Kami Young deposition - Photo of crossing as of 2/29/2009

B- Relevance, prejudice- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection

181
Exhibit 181 - Kami Young deposition - Photo of crossing as of 3/6/2013

B- Relevance, prejudice- 12 O.S.
§§ 2402. 2403


24












MGAS-same ob·ection

182
Exhibit l 82 - Kami Young deposition - Photo of crossing as of 4/2/2013

8- Relevance,
prejudice- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection

183




184
Exhibit 184 - Kami Young deposition - Photo of crossing as of 5/17/2013

8- Relevance,
prejudice- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection

185
Exhibit l 85 - Kami Young deposition - Google Earth view of crossing as of 2/24/2012

8- Foundation,
Relevance- 12 O.S.
§§ 2402, 2403

MGAS-same ob·ection

186




187




188
Exhibit 188 - Doug Mitchell deposition - Contact info for exemplar vehicle



189
Exhibit 189 - Doug Mitchell deposition - Placeholder for CD of all photos and videos taken b Dou Mitchell in Ma , 2013



189A.I
2013-05-13-Aerial Photo by DM



I 89A.2
2013-05-l 3 - Aerial Photo by DM



l 89A.3
2013-05-13 -Aerial Photo by DM



l 89A.4
2013-05-13 - Aerial Photo by DM



189A.5
2013-05-13-Aerial Photo by DM



189A.6
2013-05-13-Aerial Photo by DM



189A.7
2013-05-13-Aerial Photo by DM



I 89A.8
2013-05-13 - Aerial Photo by DM



189A.9
2013-05-13-Aerial Photo by DM



I 89A. IO
2013-05-13 -Aerial Photo by DM



l89A.I I
2013-05-13-Aerial Photo by DM



I 89A.12
2013-05-13 -Aerial Photo by DM



189A.13
2013-05-13-Aerial Photo by DM



189A.14
2013-05-13-Aerial Photo by DM





25










MGAS - same ob·ection

1898.10
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.11
2013-05-17- Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.12
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.13
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

189B.14
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.15
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.16
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.17
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.18
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.19
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection



27











189B.20
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection
189B.21
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.22
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.23
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection
189B.24
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.25
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.26
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.27
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.28
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.29
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection
189B.30
2013-05-17 - Plaintiff Vehicle Photo by LR

B- Relevance 12
o.s. §§ 2402, 2403


28












MGAS - same ob·ection

1898.31
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.32
2013-05-17- Plaintiff Vehicle Photo by LR

8- Relevance I 2
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.33
2013-05-17- Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.34
2013-05-17- Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.35
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.36
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.37
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.38
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance 12
O.S. §§ 2402, 2403

MGAS - same ob·ection

1898.39
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance I 2
O.S. §§ 2402, 2403

MGAS - same ob"ection

1898.40
2013-05-17 - Plaintiff Vehicle Photo by LR

8- Relevance I 2
o.s. §§ 2402, 2403
MGAS - same ob·ection

1898.41
20 I 3-05- I 7 - Plaintiff Vehicle Photo by LR

8- Relevance I 2
O.S. §§ 2402, 2403


29


















MGAS-same objection
189C.57
2013-05-17 - Scene Photo by LR



189C.58
2013-05-17 - Scene Photo by LR



189C.59
2013-05-17 - Scene Photo by LR



189C.60
2013-05-17 - Scene Photo by LR



189C.61




l 89C.62
20 I 3-05-17 - Scene Video by LR



189C.63
2013-05-17 Scene Photo Log


B- Hearsay- 12
o.s. § 2802




MGAS-same




objection
1890.1
2013-05-2 I - Aerial photo by OM



1890.2
2013-05-21 -Aerial photo by OM



1890.3
2013-05-2 I - Aerial photo by OM



1890.4
2013-05-2 l - Aerial photo by OM



1890.5
2013-05-21 - Aerial photo by OM



1890.6
2013-05-21 -Aerial photo by OM



1890.7
2013-05-21 -Aerial photo by OM



1890.8
2013-05-21 - Aerial photo by OM



1890.9
2013-05-21 - Aerial photo by OM



1890.10
2013-05-21 -Aerial photo by OM



189O.l I
2013-05-21-Aerial photo by OM



1890.12
2013-05-2 l - Aerial photo by OM



1890.13
2013-05-21-Aerial photo by OM



1890.14
2013-05-21-Aerial photo by OM



1890.15
2013-05-2 l - Aerial photo by OM



1890.16
2013-05-21 - Aerial photo by OM



1890.17
2013-05-2 I - Aerial photo by OM



1890.18
2013-05-21 - Aerial photo by OM



1890.19
2013-05-21 - Aerial photo by OM



1890.20
2013-05-21 - Aerial photo by OM



1890.21
2013-05-21 - Aerial photo by OM






33














189E.25
2013-05-21 - Exemplar Vehicle Photo by DM



189E.26
2013-05-21- Exemplar Vehicle Photo by DM



189E.27
2013-05-21 - Exemplar Vehicle Photo by OM



I 89E.28
2013-05-21 - Exemplar Vehicle Photo by DM



I 89E.29
2013-05-21 - Exemplar Vehicle Photo by OM



189E.30
2013-05-21 - Exemplar Vehicle Photo by OM



189E.3 I
2013-05-21 - Exemplar Vehicle Photo by DM



189E.32
2013-05-21 - Exemplar Vehicle Photo by DM



189E.33
2013-05-21 - Exemplar Vehicle Photo by OM



189E.34
2013-05-21 - Exemplar Vehicle Photo by DM



189E.35
2013-05-21-Exemplar Vehicle Photo by OM



189E.36
2013-05-21- Exemplar Vehicle Photo by OM



189E.37
2013-05-21 -Exemplar Vehicle Photo by DM



189E.38
2013-05-21- Exemplar Vehicle Photo by DM



189E.39
2013-05-21 -Exemplar Vehicle Photo by DM



189E.40
2013-05-21 - Exemplar Vehicle Photo by OM



189E.41
2013-05-21 - Exemplar Vehicle Photo by DM



J 89E.42
2013-05-21 - Exemplar Vehicle Photo by DM



189E.43
2013-05-21 - Exemplar Vehicle Photo by DM



189E.44
2013-05-21-Exemplar Vehicle Photo by DM



189E.45
2013-05-21- Exemplar Vehicle Photo by DM



189E.46
2013-05-21 - Exemplar Vehicle Photo by DM



I 89E.47
2013-05-21 - Exemplar Vehicle Photo by OM



189E.48
2013-05-21 - Exemplar Vehicle Photo by DM



I 89E.49
2013-05-21 - Exemplar Vehicle Photo by DM



189E.50
2013-05-21 - Exemplar Vehicle Photo by DM



J 89E.5 I
2013-05-21 - Exemplar Vehicle Photo by OM



189E.52
2013-05-21 - Exemplar Vehicle Photo by OM



189E.53
2013-05-21- Exemplar Vehicle Photo by OM

B- Relevance 12
o.s. §§ 2402, 2403
MGAS-same ob·ection



35


·Admit
·
189E.54
2013-05-21 - Exemplar Vehicle Photo by OM

B- Relevance 12
O.S. §§ 2402, 2403

MGAS-same ob·ection

189E.55
2013-05-21 - Exemplar Vehicle Photo by OM



I 89E.56
2013-05-21 - Exemplar Vehicle Photo by OM



l89E.57
2013-05-21 - Exemplar Vehicle Photo by OM

B- Relevance 12
O.S. §§ 2402. 2403

MGAS-same ob·ection

189E.58
2013-05-2 I - Exemplar Vehicle Photo by OM

B- Relevance 12
O.S. §§ 2402, 2403

MGAS-same ob·ection

189E.59
2013-05-21 - Exemplar Vehicle Photo by OM



189E.60
2013-05-21 - Exemplar Vehicle Photo by OM



189E.61
2013-05-21 - Exemplar Vehicle Photo by OM



189E.62
2013-05-21 - Exemplar Vehicle Photo by OM



l89E.63
2013-05-21 - Exemplar Vehicle Photo by OM



189E.64
2013-05-21 - Exemplar Vehicle Photo by OM



I 89E.65
2013-05-21 - Exemplar Vehicle Photo by OM



189E.66
2013-05-21 - Exemplar Vehicle Photo by OM



189E.67
2013-05-21-Exemplar Vehicle Photo by OM



l89E.68
2013-05-21 - Exemplar Vehicle Photo by OM



189E.69
2013-05-21 - Exemplar Vehicle Photo by OM



J 89E.70
2013-05-21 - Exemplar Vehicle Photo by OM



l89E.71
2013-05-21- Exemplar Vehicle Photo by OM



l89E.72
2013-05-21 - Exemplar Vehicle Photo by OM



l89E.73
2013-05-21- Exemplar Vehicle Photo by OM



!89E.74
2013-05-21 - Exemplar Vehicle Photo by OM



189E.75
2013-05-21 - Exemplar Vehicle Photo by OM



I 89E.76
2013-05-21 - Exemplar Vehicle Photo by OM



189E.77
2013-05-21 -Exemplar Vehicle Photo by OM



189E.78
2013-05-21 - Exemplar Vehicle Photo by OM





36















195




196




197




198




199




200




201




202




203




204




205




206




207




208




209




210




211




212




213




214
Exhibit 214 - David Stopper deposition - Billing to BNSF

B- Relevance, Hearsay, Pleadings 12 O.S. § 2402,
2403,2802

MGAS-same obiection

215
Exhibit 215 - Mike Castleberry deposition - 6/27/2012 BNSF Supervisor Report of Accident (BNSF 0467-BNSF 0473)

B- Relevance, Hearsay, inadmissible under federal law- 12
O.S. §§ 2402,
2403.2802,49
u.s.c. § 20903
MGAS-same obiection

216




217




218
Exhibit 218 - Mike Castleberry deposition - Photo of silo at Lela crossing




43







§§ 2402, 2403,
2802

MGAS-same ob·ection

244
Exhibit 244 - Blaine Bilderback deposition - Excerpt from MacDonald's presentation "Highway-Rail Grade Crossing I 01"

B- Relevance, Hearsay, Foundation, Incomplete- 12
o.s. §§ 2107,
2402,2403, 2802

MGAS-same ob·ection

245
Exhibit 245 - Annette Jenkins deposition - 8-27-13 email exchange re permit from BNSF to finish project (MGAS 0101-0105)

B- Relevance, Hearsay- 12 O.S.




§§ 2402, 2403,
2802




MGAS-same ob·ection

246
Exhibit 246 - Annette Jenkins deposition - Temporary Occupancy Process Instructions

B- Relevance, Hearsay- 12 O.S.
§§ 2402, 2403,




2802




MGAS-same ob·ection

247
Exhibit 247 -Annette Jenkins deposition - BNSF website Frequently Asked

8- Relevance,


Questions

Hearsay,




Foundation- 12
O.S. §§ 2402,




2403,2802




MGAS-same ob·ection

248




249
Exhibit 249 - Rick Harper deposition - photo from driver's perspective of exem lar headin south and lookin east



250
Exhibit 250 - Rick Harper deposition - photo from outside exemplar heading south and looking east



251
Exhibit 251 - Steve Sorrell deposition - Google Earth view of crossing as of

8- Foundation,


2/24/2012

Relevance- 12 O.S.




§§ 2402, 2403




MGAS-same




ob"ection

252
Exhibit 252 - Steve Sorrell deposition - 12-18-2012 email exchange re building removed and continue lease

8- Relevance, prejudice - 12 O.S.
§§ 2402, 2403

253
Exhibit 253 - Doug Will deposition - Google Earth view of crossing as of 2/24/2012

8- Foundation.
Relevance- 12 O.S.
§§ 2402, 2403


46










Hearsay- 12 O.S.
§§ 2402, 2403,
2802

MGAS-same ob'ection

298
Exhibit 298 -Jeff McKenney deposition- 10-29-2012 email exchange re 8NSF did not approve Lela lease (MCC-8NSF.00348-0035 I)

8- Relevance,
prejudice, hearsay- 12 o.s. §§ 2402,
2403,2802

299
Exhibit 299 - Jeff McKenney deposition - 11-15-2012 email exchange re building needs to be removed ASAP

8- Relevance, prejudice, hearsay-
12 o.s. §§ 2402,
2403,2802

300
Exhibit 300 - Jeff McKenney deposition - 3-7-2013 email exchange re ALL remaining buildings being removed

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802

MGAS-same ob'ection

301
Exhibit 301 - Jeff McKenney deposition - 2-26-19 Notary receipt for swearing in for depo

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403, 2802

MGAS-same ob'ection

302
Exhibit 302 - David Wilkins deposition - October 31, 2012 Meeting Notes and photos

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802

MGAS-same ob·ection

303
Exhibit 303 - David Wilkins deposition - December 31, 2012 Commissioners' Agenda

8- Relevance, prejudice, hearsay, actually from 12-
31-13 not 2012- 12
O.S. §§ 2402,
2403,2802

MGAS-same ob·ection

304
Exhibit 304 - David Wilkins deposition - January 7, 2014 Letter from Pawnee County to ODOT

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802

MGAS-same ob'ection

305
Exhibit 305 - December I 3, 20 I 3 Lela Meeting Notes

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802


49








tr


MGAS-same ob·ection
306 Exhibit 306 - reserved for remaining depos B- Violates Court's Scheduling Order. Not produced

MGAS-same ob·ection
307 Exhibit 307 - reserved for remaining depos B- Violates Court's Scheduling Order. Not produced

MGAS-same ob·ection
308 Exhibit 308 - reserved for remaining depos B- Violates Court's Scheduling Order, Not produced

MGAS-same ob·ection
309 Exhibit 309 - reserved for remaining depos B- Violates Court's Scheduling Order, Not produced

MGAS-same ob·ection
310 Exhibit 310 - reserved for remaining depos B- Violates Court's Scheduling Order, Not produced

MGAS-same ob·ection
311 Exhibit 311 - reserved for remaining depos B- Violates Court's Scheduling Order, Not produced

MGAS-same ob"ection
312 Exhibit 312 - reserved for remaining depos B- Violates Court's Scheduling Order. Not produced

MGAS-same ob·ection
313 Exhibit 313 - reserved for remaining depos B- Violates Court's Scheduling Order. Not produced

MGAS-same ob·ection
314 Exhibit 314 - reserved for remaining depos B- Violates Court's Scheduling Order. Not produced


50















objection

324
Exhibit 324 - reserved for remaining depos

8- Violates Court's Scheduling Order, Not produced

MGAS-same ob·ection

325
Locomotive Video from Second Locomotive



326
Locomotive Video from Lead Locomotive - 8NSF 7419 (8NSF 1639)



327
8NSF Railway Engineering Contractor Safety Orientation Course Materials

8- Relevance,
Hearsay- 12 O.S.
§§ 2402, 2403,
2802

MGAS-same ob·ection

328




329
8NSF Right-of-Way map



330
DOT Crossing Inventory through 4-28-2016

8- Relevance, Hearsay, Foundation, inadmissible under
federal law- 12
o.s. §§ 2402,
2403,2802, 23
u.s.c § 409
MGAS-same ob·ection

331
Prehospital Care Report (Knight 0194-0196)

8- Relevance, Hearsay, lay opinion- 12 O.S. §§ 2402, 2403, 2701,
2802

MGAS-same ob·ection

332
Event Recorder printouts from three locomotives - 8NSF 00001-00024



333
BNSF Survey-Track Map



334




335
Final Report of the Oklahoma Railroad Grade Crossing Safety Task Force - May 21, 1998 (Knight 0019-0032)

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802

MGAS-same ob·ection

336
8NSF Photos of wreck - 8NSF 00729-00809

8- Relevance,
re·udice- 12 O.S.


52












§§ 2402, 2403

MGAS-same ob·ection

337
Dispatch Audio file - 8NSF 00123



338
DOT-FRA Accident History reports - prior wrecks at the Lela Crossing (Knight 0168-0173)

8- Relevance, Hearsay, Foundation, inadmissible under federal law, NOT Lela, Lariat- I 2 O.S. §§ 2402,
2403,2802, 23
U.S.C § 409

MGAS-same ob·ection

339
Springfield Division General Order No. 64 - May 8, 2013 - 8NSF 00708-
00728

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802

MGAS-same ob·ection

340
Springfield Division Timetable No. 8 - 8NSF 00648-00707



341
Docs re: Wreck of Jan. 9, 2004 - 8NSF 00591-00647

8- Relevance, prejudice, hearsay- 12 O.S. §§ 2402,
2403,2802,23
U.S.C §§ 409, 20903

MGAS-same ob·ection

342
Docs re: Wreck of June 27, 2012 - 8NSF 00459-00590

8- Relevance, Hearsay, Foundation, inadmissible under federal law- 12
O.S. §§ 2402,
2403, 2802, u.s.c
§§ 409, 20903

MGAS-same ob·ection

343
Docs re: Wreck of June 4, 2006 - 8NSF 00381-00458

8- Relevance, Hearsay, Foundation, inadmissible under federal law- 12
O.S. §§ 2402,
2403, 2802, u.s.c
§§ 409, 20903


53












364.15
Accident Scene Photographs taken by the Oklahoma Department of Public Safety on May 8, 2013 (Knight 0047)

B- Relevance, Prejudice- 12 O.S.
2402.2403




MGAS-same ob·ection

364.16
Accident Scene Photographs taken by the Oklahoma Department of Public Safety on May 8, 2013 (Knight 0048)

B- Relevance, Prejudice- 12 O.S.
2402,2403




MGAS-same ob·ection

364.17
Accident Scene Photographs taken by the Oklahoma Department of Public Safety on May 8, 2013 (Knight 0049)

B- Relevance, Prejudice- 12 O.S.
2402,2403




MGAS-same ob·ection

364.18
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 050



364.19
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 051



364.20
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma· 8, 2013 Kni ht 052)



364.21
Accident Scene Photographs taken by the Oklahoma Department of Public Safet · on Ma 8, 2013 Kni ht 053



364.22
Accident Scene Photographs taken by the Oklahoma Department of Public Safe on Ma 8, 2013 Kni ht 054



364.23
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 055



364.24
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 056



364.25
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 20 I 3 Kni ht 057)



364.26
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 058



364.27
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 059



364.28
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 20 I 3 (Kni ht 060)



364.29
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 061



364.30
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 2013 Kni ht 062



364.31
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma 8, 20 I 3 (Kni ht 063)



364.32
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma · 8, 2013 Kni ht 064



364.33
Accident Scene Photographs taken by the Oklahoma Department of Public Safet on Ma · 8, 2013 Kni ht 065





57



















478




479




480
Article: Effect of Head Turning on Driver Perception-Reaction Time (Knight
0235-0255)

8- Hearsay, Foundation, Relevance- 12 O.S.
2402,2403,2802
MGAS-same ob·ection

481
Foster Peterson Total Billing Invoices



482
Stan Oglesby Total Billing Invoices



483
David Stopper Total Billing Invoices



484




485




486




487




488




489




490




491




492




493




494
Bus Photo - Stop at all RR Crossings

8- Foundation, Relevance, prejudice- 12 O.S.
2402,2403
MGAS-same ob·ection

495
Shuttle I Photo - Stop at all RR Crossings

8- Foundation, Relevance, prejudice- 12 O.S.
2402,2403
MGAS-same ob·ection

496
Shuttle 2 Photo - Stop at all RR Crossings

8- Foundation, Relevance, prejudice- 12 O.S.
2402,2403
MGAS-same ob·ection



68
























176
Photo of Vehicle Regarding horn Test



177
Photo with Vehicle & Cone Regarding Horn Test



249
View from exemplar down track



255
View down track



256
Train in view photos (15 pages) BNSF(28)00960-974

P: Lacks Foundation

260
Photo re stop sign distance



261
Photo distance stop sign



262
Still from video of stop sign marked and view



1000
Printout from Event BNSF(28)00001-00006
Data
Recorder
BNSF
6735-



1001
Printout from Event BNSF(28)00007-000015
Data
Recorder
BNSF
7419-



1002
Printout from Event BNSF(28)00016-00024
Data
Recorder
BNSF
7881-



1003
Scene Photos Leonard Maker

P: 2802 Hearsay as to the commentary captions; Irrelevant

1004
Vegetation Spray Records-BNSF(28)00027-00035 and BNSF(28)0006 l-0007 l

P: 2802 Hearsay

1005
BNSF Diesel Locomotive Drawing (BNSF 7200-7920)- BNSF(28)00185



1006
Avard Subdivision Track Chart-BNSF(28)00072-00122



1007
Work Order-BNSF(28)00124-00166



1008
BNSF Diesel Locomotive Drawing (BNSF 6600-7054)- BNSF(28)00184



1009
Locomotive Horn Test -BNSF(28)00182-00183

P: Lacks
Foundation, 2802 Hearsay


85















9. Defendant Morrison Grain & Ag Services Exhibits:











































91






17
November 18, 2011 Letter from Jeff McKenney Terminating 1997 Lease



18
Multiple Emails Between Billie Chrz and Jeff McKinney - 14 pages

P: 12 OS 2802-
Hearsay

8- Relevance, Prejudice, Hearsay, Foundation

19
Midwest Wrecking Estimate 1/4/2013

P: Violates MIL re: Insurance; Needs redacting

8- Relevance, Preiudice

20
Midwest Wrecking File Documents - 9 pages

P: P: Violates MIL re: Insurance; Needs redacting

8- Relevance, Preiudice

21
Withdrawn



22
Ben Kates Email Response to Annette Jenkins Dated 2/10/2014

P: 12 OS 2802-
Hearsay, Lack Foundation

23
Chief Medical Examiner Report - 2 pages

P: Violates MIL re: Lay Opinion on Cause; Needs redacting

8- Hearsay, Foundation

24
Pawnee Ambulance Report - 3 pages

P: 12 OS 2802 -
Hearsay, Lack Foundation

8- Hearsay, Foundation, Preiudice

25
Pawnee Fire Department Report - 5 pages

P: 12 OS 2802 -
Hearsay, Lack Foundation; Violates MIL re: Lay Opinion on Cause; Needs redacting

8- Hearsay, Foundation,
Preiudice

26
Richard Knight W-2s 2010 - 2012




Plaintiff reserves the right to assert other and more specific objections to any of the above exhibits at trial, particularly dependent upon the manner in which the Defendants may assert such exhibits

93























13.
Records custodians, as
necessary.


14.
Defendant Morrison Grain
reserves the right to add additional witnesses as discovery
continues.



13. Requested Jury Instructions Due By:

To be filed by April 10, 2019.


14. Estimated Trial Time:

10 days


15. Stipulations:

I. Plaintiff died on May 8, 2013 as a result of the accident at the Lela crossing.

2. The Federal Railroad Administration has promulgated regulation that specifies the decibel range for locomotive horns of an output between 96 and 110 decibels.
3. BNSF's locomotive engineer, James Adams, started blowing the locomotive horn when the train passed the whistle post about eighteen seconds before the accident.
4. The event recorder shows the locomotive engineer sounded the horn over 17 seconds before the engineer placed the train into emergency.
5. The locomotive horn on BNSF 7419 was tested on May 29, 2013 and its decibel output complied with decibel requirements of the FRA regulations, measuring I 04 decibels.

108



Outcome: Jury verdict finding Richard Knight 30% at fault and BNSF 70% at fault and awarding $9 million in damages signed by nine jurors.

Plaintiff's Experts: William R. Hughes, Alan Blackwell, Will Clark, Ken Drevnick, Jim C. Scott, Mike F. Seideman,Ph.D., Brad Mathison

Defendant's Experts: Stan Oglesby, Foster Peterson, David Stopper

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: