11th Court of Appeals sides with Union Pacific regarding Show of - KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |

11th Court of Appeals sides with Union Pacific regarding Show of Support case

File Photo (Source: KWES) File Photo (Source: KWES)
(KWES) -

The 11th Court of Appeals in Eastland, TX, has ruled that a Midland County District Court was correct in their judgment for Union Pacific in a case involving the Show of Support crash that involved a train back in 2012.

According to court documents, "Appellants sued Union Pacific for wrongful death and personal injuries, alleging violations of various federal regulations pertaining to railroad crossings. The trial court resolved many of the claims asserted by Appellants by granting partial summary judgment in favor of Union Pacific prior to trial."

In an opinion filed on Thursday, the appellants asserted that the trial court erred by:

  • Granting summary judgment against their warning-time claims based on federal preemption grounds;
  • Granting summary judgment against their train-crew negligence claim based on federal preemption grounds;
  • Granting summary judgment on their gross negligence claims

The appellants included Catherine Stouffer, individually and on behalf of the Estate of Gary Lee Stouffer, Jr. and as next friend of Shannon Stouffer and Shane Stouffer; Ada Stouffer; Gary Stouffer, Sr.; Tiffanie Lubbers, individually and on behalf of the Estate of William L. Lubbers and as next friend of Sydnie Lubbers and Zachary Lubbers; and Angela Boivin, individually and as personal representative of the Estate of Lawrence Boivin.

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