Facts

This was a consolidated case involving the parents of two decedents.

On June 24, 2007, during hours of darkness, the plaintiffs' decedents, Carlos Escutia, 16, and his companion and neighbor, Luis Alvarado Jr., 29, were in a 1998 Volkswagen Jetta northbound on Glendale Avenue in the City of Hesperia. Escutia, who was unlicensed, was behind the wheel. A single set of BNSF-owned railroad tracks intersected Glendale Avenue approximately 950 feet north of Rock Springs Road. Hesperia did not have an easement to extend Glendale Avenue across BNSF's right-of-way; consequently, the terminus of Glendale Avenue was at the northern and southern perimeters of BNSF's right-of-way. Beginning in the mid-1970s, a private crossing was created to enable a farmer who owned land on both the north and south sides of the tracks to move his farm equipment across the tracks. In the early 2000s, the farmer sold his land on the north side of the tracks.

Since the farmer no longer had a need for the private crossing, BNSF eliminated the private crossing on April 27, 2006. It did so pursuant to its crossing closure program and an FRA directive to all railroads to eliminate redundant at-grade crossings. The private crossing was eliminated by restoring the ditch line and the placement of concrete K-rails at the location where the crossing had existed, but within the BNSF right-of-way. On June 24, 2007, shortly after midnight, Escutia made a right turn off of Rock Springs Road and proceeded northbound on Glendale Avenue at a high rate of speed. He did not see the k-rail and, as a consequence, crashed into it without braking. Escutia and his passenger died instantly as a result of massive, internal injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that BNSF was negligent in the management of its property and, in particular, in the manner in which it closed the at-grade crossing.

Plaintiffs argued BNSF was aware the crossing had been extensively used by the public and therefore should have used Type III reflectorized barricades instead of unmarked concrete K rails, which are not readily visible during hours of darkness. Plaintiffs further argued that BNSF should have installed warning signs and lights to make the k-rails more visible.

Plaintiffs claimed the crossing was, for all intents and purposes, a public crossing because the tracks intersected a public roadway and the public used the crossing extensively. If so, BNSF was duty-bound to have coordinated the closure with Hesperia, but failed to do so. Coordination with the city likely would have resulted in the installation of more warning devices.

DEFENDANT'S CONTENTIONS:
BNSF contended that prior to the collision, a Hesperia police officer was behind the Jetta attempting to clock its speed after having observed it was traveling an excessive speed while it was westbound on Rock Springs Road.

The police officer testified that he activated the overhead oscillating lights of his vehicle in an attempt to pull over the Jetta, but Escutia failed to do so, instead turning right on Glendale Avenue, then turning off the vehicle's lights to avoid detection.

Defendant also argued that Escutia was the sole cause of the accident and of his and his passenger's deaths by driving at an excessive speed and engaging the police officer in a high-speed pursuit.

Furthermore, BNSF contended that Escutia should have seen a plainly visible "Not a through Street" sign, as well as a Type N sign that was located in front of the K rails. A Type N sign is a red, reflectorized diamond-shaped sign with 18-inch sides. This should have provided sufficient warning to any motorist using due care that Glendale Avenue was terminated.

Damages

Plaintiffs asked the jury to award the plaintiffs $4 million in damages.

Result

Defense as to BNSF Railway Co. The jury found by a vote of 11 to 1 that BNSF was not negligent after approximately four hours of deliberations. The City of Hesperia settled with the plaintiffs for $330,000 on the eve of trial.

Other Information

FILING DATE: March 10, 2008.

Deliberation

four hours

Length

four weeks