Practice Area Detail

Friday, Eldredge & Clark began in 1871 representing what was then known as the St. Louis, Iron Mountain and Southern Railroad, one of Arkansas' first major legal clients. Our work in the railroad industry continues 150 years later as our team defends freight and passenger railroads in all types of litigation in courts throughout Arkansas.

Focused on Clients

• Class I Railroads
• Short Line Railroads
• Passenger Railroads

Focused on Services

We handle disputes that involve grade crossing accidents, Federal Employers’ Liability Act (FELA) actions, and trespasser strikes. Our lawyers skillfully resolve disputes over property damage, personal injury, labor issues, and environmental concerns, often making swift and effective responses in the event of accidents and emergencies. We also assist with general real estate, environmental, and regulatory needs. 

Focused on Matters

• 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 Employers’ Liability Act case)
• 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) 
• 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)
• Perkins v. Kiamichi R.R. Co., LLC, No. 4:16-CV-4043, 2017 U.S. Dist. LEXIS 207220 (W.D. Ark. Dec. 18, 2017)
• McGary v. Union Pacific, No. CV-17-858 (Ark. Supreme Court). (Dec. 15, 2017). (Dismissal of plaintiff’s appeal from a summary judgment in a wrongful-death case involving an off-duty employee) 
  
• 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)
• 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)
• Fulks v. Union Pacific R.R. Co., No. 3:10CV0310 JLH, 2011 WL 5439177, at *1 (E.D. Ark. Nov. 9, 2011) (granting the railroad’s motion for partial summary judgment on the claim of inadequate warning devices).
• Linn Farms & Timber Ltd. v. Union Pac. R.R., 661 F.3d 354 (8th Cir. 2011)
• Wilson v. Union Pacific R.R. Co., 2011 Ark. App. 508 (affirming the dismissal of plaintiff’s complaint against the railroad)
• 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 this 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 this FELA case alleging personal injuries)
• 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)
• 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)
• 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)
• 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)