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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: