New Details on Fatal Midland Train Accident Lawsuit, Pre-Trial Hearing This Week

CBS7.com published a story today that highlights the efforts of Kevin Glasheen of Glasheen, Valles, & Inderman who is representing some of the Midland Train accident victims injured in the November 2012 train wreck. The story is reprinted below. Original source: http://cbs7.com/news/article_d1255866-3980-11e4-9430-001a4bcf6878.html

MIDLAND-The lawsuit involving the tragic death of four veterans riding on a Show of Support float in November of 2012 is moving forward.

The case includes survivors of the victims of the crash and is aimed at Union Pacific and Smith Industries, the company that owns the truck which was driving the float.

A pre-trial hearing will be held Friday in Midland’s 441stDistrict Court. Judge James Rush of Odessa is now presiding over the case after a number of judge changes and a venue change from Dallas back to Midland.

According to court documents, the plaintiff says Union Pacific is withholding data from their case including crossing signal warning time information and history regarding speed increases prior to the tragic accident.

The plaintiff alleges that Union Pacific is also trying to keep officials with knowledge of what they call a long-term defect in the railroad system at the crossing from participating in the case.

These issues will be discussed in the Friday hearing, according to information obtained by court documents and lead counsel for the plaintiff Kevin Glasheen.

Union Pacific released a statement on the case to CBS 7 this evening.

“The National Transportation Safety Board conducted a thorough review of this tragedy and in its final report concluded that train operation and railway infrastructure were not factors in the grade crossing collision or resulting injuries. Our motion for partial summary judgment is publicly available,” Union Pacific said in a statement provided by Union Pacific Director of Corporate Relations and Media Jeffrey Degraff.

A request by Union Pacific for a Partial Summary Judgment, settling on some parts of the case before a jury trial, was originally set for Friday but will be held at a later date.

The jury trial is set for January 2015. The victims were 47-year-old Army Sgt. Maj. Lawrence Boivin, 34-year-old Army Sgt. Joshua Michael, 37-year-old Marine Chief Warrant Officer Gary Stouffer and 43-year-old Sgt. Maj. William Lubbers