Plaintiff asks for costs in Union Pacific wrongful death case

Amelia Flood Oct. 6, 2010, 9:43am


The daughter of a man killed by a Union Pacific train in Missouri and who took away more than $30,000 from a September trial is now asking for around $5,000 in trial costs.

Misty Webb, together with her uncle, Guy Webb, sued the railroad for allegedly failing to maintain an Iron County rail crossing at which Guy Webb and his brother James Webb Jr. were hit by a train.

James Webb Jr. was killed in the collision. Guy Webb suffered massive injuries.

The jury awarded Guy Webb $2.5 million in damages at the end of the September but reduced the award by half, finding that Guy Webb bore half the responsibility for the accident.

The railroad argued during the contentious trial that Guy Webb ran a stop sign posted at the crossing, stopped on the company's tracks and then accelerated into the train, causing the accident.

Railroad safety experts, Guy Webb and Union Pacific employees testified during the trial.

Video footage of the accident filmed by a camera mounted to the Union Pacific train that hit the two men also played a large role in the proceedings.

Misty Webb's suit originally counted her uncle as a defendant. Guy Webb settled with his niece.

The motion for costs was filed Oct. 1.

In it, Misty Webb asks for costs totaling $4,861.49.

The fees are predominately for court reporting services and video deposition costs.

Madison County Circuit Judge Andreas Matoesian presides.

John Simon and others represent Misty Webb and James Webb Jr.'s estate.

Eric and Jon Carlson and former Madison County Circuit Judge Nicholas Byron represent Guy Webb.

Thomas Jones and Harla Harlan represent Union Pacific.

The case is Madison case number 08-L-1139.

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Organizations in this Story

Union Pacific
1400 Douglas St
Omaha, NE 68179

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