Verdictly
Verdict-Plaintiff
El Paso County • 2023

Clint, Texas Jury Awards $13 Million in Train Collision

A train struck a vehicle carrying four occupants at a railroad crossing. The collision occurred because a parked train blocked the view of the approaching train, and the crossing gates were down. The occupants sustained various injuries, and one occupant died as a result of the crash. The jury found the railroad company, the vehicle's driver, and the driver's employer negligent.

Case Information Updated: October 2025

Back to cases
Back Strain / Soft Tissue
Truck/Commercial
Motor Vehicle Negligence

Case Outcome

Outcome
Verdict-Plaintiff
Amount
$13,000,000
County
El Paso County, TX
Resolved
2023

Injury & Accident Details

Injury Type
Back Strain / Soft Tissue
Accident Type
Truck/Commercial
Case Type
Motor Vehicle Negligence

Case Overview

On September 13, 2019, an 80-year-old passenger died after the car he was riding in, driven by his caregiver, was struck broadside by a Union Pacific train at a dual-track crossing in Clint. The man's 81-year-old wife and 83-year-old sister-in-law were also passengers and sustained significant injuries. The collision occurred when the driver proceeded through activated crossing gates, which had reportedly been down for about 30 minutes due to another Union Pacific train parked nearby, allegedly blocking the view of the approaching train.

The estate of the deceased passenger, his son, his wife's estate, and the sister-in-law filed a lawsuit against Union Pacific Railroad Co. and New Mission Home Care LLC, the caregiver's employer. They alleged Union Pacific was negligent for parking a train too close to the crossing, obstructing visibility and causing extended gate closures. They also claimed New Mission negligently hired, trained, supervised, and retained the driver, who they alleged was negligent in operating the vehicle. The driver was later nonsuited from the case after her liability insurance carrier tendered its policy limit of $60,000. Union Pacific and New Mission argued the driver was solely at fault for bypassing the gates, and that this action was unforeseeable. New Mission further asserted that the driver was not authorized to drive and was not acting within the scope of her employment.

Following a six-day trial and 18 hours of deliberation, the jury found negligence and proximate cause on the part of the driver, New Mission, and Union Pacific, determining no fault for the plaintiffs. The jury assigned comparative responsibility as 52 percent to the driver, 40 percent to New Mission, and 8 percent to Union Pacific. The jury also found the driver was acting within the course and scope of her employment, making New Mission liable for both its own 40 percent responsibility and the driver's 52 percent. The plaintiffs were awarded a total of $13 million in damages.

VerdictlyTM Score

38
/100
Potentially Unfair

This outcome significantly deviates from similar cases

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