A wrongful death suit filed by the family of a Highland man who died when the car he was a passenger in was hit by a train in August 2007 is set for trial Monday.
Madison County Circuit Judge Andreas Matoesian will preside over the trial that is set to begin at 9 a.m. with jury selection.
Plaintiff Misty Webb is suing Union Pacific Railroad Co. and Guy Webb for three counts of negligence and wrongful death.
The suit seeks damages in excess of $50,000 per count and other relief.
According to her suit, Misty Webb claims that her father, James Webb Jr., was a passenger in the 1994 Dodge Ram driven by Guy Webb when it was struck by a Union Pacific train three years ago.
The accident occurred in Iron County, Mo.
The plaintiff claims that Union Pacific's employees did not sound the proper warning that the train was coming to crossing.
She claims the railroad did not maintain warning devices, keep a look-out for motorists, did not warn or that its employees violated the company's own rules about the safe operation of a train and rail system.
Misty Webb claims Guy Webb did not keep a careful look out to avoid the accident.
The case file does not indicate what relation Guy Webb is to Misty and James Webb Jr.
As a result of the accident, Misty Webb claims her father died on Aug. 23, 2007.
Union Pacific had tried to dismiss the suit unsuccessfully.
Guy Webb settled with the plaintiff in April. The motion for good faith finding filed by Webb April 14 indicates that he paid the plaintiff the entire amount of his auto policy but does not specify the amount.
Union Pacific objected to the settlement at the approval hearing May 14.
Matoesian entered the settlement over the objection.
Union Pacific is represented by Thomas Jones and Harlan Harla.
The plaintiff is represented by John Simon.
Guy Webb was represented by Martin Morrissey.
The case is Madison case number 08-L-1139.
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