logo

RAILROAD LITIGATION

Our Railroad Litigation group defends freight and passenger railroads in all types of litigation in courts throughout Arkansas. We handle disputes involving grade crossing accidents, trespassers, Federal Employers’ Liability Act (FELA) actions, and we are well-versed in Federal Railroad Administration regulations regarding workplace safety. Our lawyers resolve disputes over property damage, personal injury, and environmental concerns, often making a swift and effective response in the event of an accident or emergency. We also assist with general real estate, environmental, EEOs and regulatory needs. 

Focused on Clients

  • Class I Railroad
  • Short Line Railroads

We provide one of the nation’s largest rail freight carriers with an effective defense on all types of litigation in courts throughout Arkansas. 

Focused on Services

We handle disputes that involve Federal Employers’ Liability Act (FELA) actions and are familiar with Federal Railway Administration regulations regarding workplace safety. Our lawyers skillfully resolve disputes over property damage, personal injury, labor issues, and environmental concerns, often taking swift and effective responses in the event of accidents and emergencies. We also assist with general real estate, environmental, and regulatory needs.  Our firm also represents short-line railroads and companies with intermodal agreements with railroads.

Focused on Matters

  • Summary judgment for the railroad in a Federal Employers’ Liability Act case. Spence v. Union Pacific, No. 3:17-cv-3074, 2019 WL 1281244 (W.D. Ark. Mar. 20, 2019).
  • Summary judgment for the railroad in a Federal Employer’s Liability Act case involving a railroad contractor. Thomas v. Union Pacific, No. 4:16-cv-4052, 2018 WL 3747467 (W.D. Ark. Aug. 7, 2018)
  • Dismissal of plaintiff’s appeal from a summary judgment in a wrongful-death case involving an off-duty employee. McGary v. Union Pacific, No. CV-17-858 (Ark. Supreme Court)
  •  Summary judgment for the railroad in an industrial-accident wrongful-death case. Perkins v. Kiamichi R.R. Co., No. 4:16-cv-4043, 2017 WL 6452777 (W.D. Ark. Dec. 18, 2017)
  • Perkins v. Kiamichi R.R. Co., LLC, No. 4:16-CV-4043, 2017 U.S. Dist. LEXIS 207220 (W.D. Ark. Dec. 18, 2017).
  • Thomas v. Union Pacific R.R. Co., No. 4:16-CV-04052, 2018 U.S. Dist. LEXIS 132160 (W.D. Ark. Aug. 7, 2018) (Summary judgment granted in favor of railroad as to plaintiff's FELA claims)
  • Royal v. Missouri & N. Arkansas R.R. Co., Inc., 857 F.3d 759, 761 (8th Cir. 2017) (Eighth Circuit Court of Appeals affirming summary judgment for railroad in FELA case where plaintiff claimed injuries from operating a ballast regulator)
  • Sanders v. Union Pacific Railroad Company, 2019 Ark. App. 386, 585 S.W.3d 713 (Arkansas Court of Appeals affirmed a jury verdict for defendant railroad in an action brought under Federal Employers' Liability Act (FELA), seeking to recover damages for injuries sustained when railroad allegedly directed employee to test experimental safety bracket for huck gun) 
  • Linn Farms & Timber Ltd. v. Union Pac. R.R., 661 F.3d 354 (8th Cir. 2011)
  • Richardson v. Union Pac. R.R. Co., 2011 Ark. App. 562  (Summary judgment granted in favor of railroad by the Arkansas Court of Appeals in thisi FELA case alleging toxic exposure)
  • Verbitski v. Union Pac. R.R. Co., 2011 Ark. App. 6 (Summary judgment granted in favor of railroad by the Arkansas Court of Appeals in thisi FELA case alleging personal injuries)
  • Stevenson v. Union Pacific R. Co., 354 F.3d 739, (8th Cir. 2004)  (Jury verdict reversed and remanded in this crossing accident case involving a fatality and a traumatic brain injury)
  • Johnson v. Union Pac. R. Co., Ark. 534, 104 S.W.3d 745, (Ark. 2003)
  • Stevenson v. Union Pacific R. Co., 204 F.R.D. 425, (E.D. Ark. 2001)
  • Stevenson v. Union Pac. R. Co., 110F. Supp.2d (1086), (E.D. Ark. 2000) (Railroad's motion for partial summary judgment was granted on several of plaintiffs' claims of negligence based upon federal preemption)
  • Capers v Nat'l R.R. Passenger Corp., 2016 U.S. App. LEXIS 23182 (8th Cir. Dec. 23, 2016) (Amtrak's motion for summary judgment was granted in this case of alleged sexual battery of a passenger and affirmed by the U.S. 8th Circuit Court of Appeals)
  • Lewis v. Union Pacific R.R. Co., No. 5:15-CIV00279 (JM), 2016 WL 7494270 (E.D. Ark. Oct. 6, 2016)  (Summary judgment granted to the railroad in this grade crossing case involving personal injuries)
  • City of Ozark, Arkansas v. Union Pacific R.R. Co., 843 F.3d 1167 (8th Cir. 2016) (Summary judgment that had been granted to plaintiff was reversed, and the case was dismissed.  The City had sued to force the railroad to re-install a grade crossing)
  • Falcone v. Union Pacific R.R. Co., No. 4:14-CV-573 (JM), 2016 U.S. Dist. LEXIS 156609, at *1 (E.D. Ark. Feb. 24, 2016) (The trial court granted the railroad's motion to strike plaintiff's medical expert in this FELA case alleging personal injuries, and granted the railroad's motion for summary judgment for lack of expert testimony as to causation)
  • Haukereid v. Nat'l R. R. Passenger Corp., 816 F.3d 527 (8th Cir. 2016) (Summary judgment for the railroad, finding it did not proximately cause a passenger fatality)
  • Brooks v. Union Pacific R.R. Co., 620 F.3d 896 (8th Cir. 2010) (Summary judgment for the railroad in a FELA case, because the plaintiff had no admissible expert testimony regarding medical causation)
  • Hall v. Union Pacific R.R. Co., No. 06-CV-1012, 2007 WL 676660, at *1 (E. D. Ark. March 1, 2007), aff'd, 261 Fed. Appx. 931 (8th Cir. 2008)  (Railroad's motion for summary judgment was granted in this trespasser fatality and affirmed by the U.S. 8th Circuit Court of Appeals)
  • Stevenson v. Union Pacific R.R. Co., 354 F.3d 739 (8th Cir. 2004) (Jury verdict for plaintiffs was reversed and remanded by the U.S. 8th Circuit Court of Appeals, in this grade crossing case involving a fatality, and a traumatic brain injury)
  • Johnson v. Union Pacific R.R. Co., 352 Ark. 534 104 S.W.3d 745, (Ark. 2003)  (Defense verdict for the railroad in this grade crossing case involving personal injury)
  • Thacker v. St. Louis S.W. Ry., 257 F.3d 922 (8th Cir. 2001)  (U.S. 8th Circuit Court of Appeals affirmed railroad's motion for partial summary judgment and nominal award to plaintiff, in this FELA case alleging personal injury)
  • Stevenson v. Union Pacific R.R. Co., 204 F.R.D. 425 (E.D. Ark. 2001)
  • Stevenson v. Union Pacific R.R. Co., 110 F.Supp 2d 1086 (E.D. Ark. 2000)  (Railroad's motion for partial summary judgment granted on several of plaintiffs' claims due to federal preemption)
  • Lovett v. Union Pacific R.R. Co., 201 F.3d 1074 (8th Cir. 2000) (Defense verdict affirmed by the U.S. 8th Circuit Court of Appeals in this grade crossing case involving a minor passenger who sustained a traumatic brain injury)
  • Brown v. Union Pacific R.R. Co., No. 99-1682, 1999 U.S. App. LEXIS 33620, at *1 (8th Cir. 1999)   (Defense verdict affirmed by the U.S. 8th Circuit Court of Appeals in this FELA case involving personal injury)
  • Cearley v. General American Transp. Corp. 186 F.3d 887 (8th Cir. 1999) (Defendant's motion for summary judgment granted and affirmed by the U.S. 8th Circuit Court of Appeals in this alleged products liability case)
  • First Security Bank v. Union Pacific R.R. Co., 152 F2d 877 (8th Cir. 1999) (Jury verdict in favor of railroad was affirmed by the U.S. 8th Circuit Court of Appeals in this grade crossing fatality case)
  • Coney v. Union Pacific R.R. Co., 136 F. 3d 1195 (8th Cir. 1998) (Jury verdict in favor of railroad was affirmed by the U.S. 8th Circuit Court of Appeals in this grade crossing case involving personal injury)
  • Birmingham v. Union Pacific R.R. Co., 971 F.Supp. 1282 (E.D. Ark. 1997), aff'd per curium, 168 F.3d 492 (8th Cir. 1998)  (Jury verdict in favor of railroad was affirmed by the U.S. 8th Circuit Court of Appeals in this grade crossing case involving personal injury)
  • Union Pacific R.R. Co.. v. Sharp, 330 Ark. 174, 952 S.W.2d 658 (Ark. 1997)  (Jury verdict in favor of plaintiff was reversed and remanded by the Arkansas Supreme Court in this grade crossing case involving a traumatic brain injury)
  • Lusby v. Union Pacific R.R. Co., 4 F.3d 639 (8th Cir. 1993)  (Jury verdict in favor of plaintiff was reversed and remanded by the U.S. 8th Circuit Court of Appeals in this grade crossing fatality case)
Scott H. Tucker
Railroad & Transportation Litigation

  Email  

View Profile
Practice Area Categories
  • LITIGATION
44955405-f22b-4b32-8989-7474e2a4ac16
litigation
avocado