Gray Ritter Graham attorney Morry Cole obtained a $6 Million settlement in February 2013 on behalf of a young Missouri woman. A train struck a vehicle driven by the woman and the woman was killed. The collision occurred at a railroad grade crossing that was initially believed to be a public crossing. However, detailed investigation and discovery revealed that the crossing was actually a private grade crossing and that the private crossing had been established by written agreements more than 50 years prior to the collision. Despite several changes in ownership of the tracks at the crossing, as well as the crossing itself, the written agreements were found to still be in effect. Plaintiffs argued that the written agreements placed various responsibilities on the track and crossing owners, such as keeping the crossing gated, that were not met. In addition to the monetary settlement, two of the defendants agreed to utilize their best efforts to permanently close and/or abandon the subject railroad grade crossing through appropriate governmental transportation authorities.
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