Facts

On June 22, 2005, Ronald Kenerson was driving westbound on Ione Michigan Bar Road near Ione with his wife, Linda, as a passenger when his vehicle was involved in a collision with a Union Pacific-owned train, traveling northbound over the tracks. Engineer Lawrence Iwatate operated the train.

PLAINTIFFS' CONTENTIONS:
The Kenersons filed suit against Iwatate, Union Pacific Railroad Company, and Union Pacific Corp., alleging negligence. The Kenersons contended that the signal lights on the sides of the road were inoperable and that their view of the train was blocked by a hillside. They further alleged that Iwatate failed to keep a proper lookout and failed to stop the train to avoid the collision.

DEFENDANTS' CONTENTIONS:
Defendant contended that only two of four lights facing the Kenersons' side of the road were out and that mice had chewed through the electrical wires for the crossing lights. Defense further alleged that the train was plainly visible, regardless of the signals, and that Iwatate properly operated the train.

Injuries

The Kenersons sustained orthopedic and closed head injuries, as well as neck and lower back pain. Ronald also suffered a fractured tooth and two ribs, while Linda suffered a fractured ankle. The Kenersons further claimed post-traumatic stress disorder, mild traumatic brain injury, loss of consortium, and inability to care for their disabled adult child.

Result

The jury rendered a verdict for the defense on liability.

Deliberation

4.5 hours

Poll

12-0 (as to Iwatate), 11-1 (as to Union Pacific )

Length

nine days