A deadhead crew hauler van lost control in snow and ice and rolled over, injuring several of the occupants of the van and killing the driver. The railroad claimed the accident was partially the fault of the passengers, who had authority to control the driver. One of the passengers suffered brain damage and could not longer work or care for himself. We were able to assert parallel state law claims that allowed us to add his wife’s claim to the case. Mock jury trials were used to evaluate trial tactics and determine jury reaction. This case settled for a substantial confidential amount shortly before trial.
