California State Jury Finds Railroad Company, Property Owner Not Liable For Train/Car Collision That Killed Four Young Adults; Driver, Not Dangerous Crossing, At Fault
On Aug. 18, 2013, Vemma Nutrition Company trainers Yosh Kamine and Jacob Kamine hosted a promotional sales event at their residence on Jefferson Avenue. Nineteen-year-old Michaela Smith had been hired by Vemma to sell its products, including energy drinks, and attended the promotional event with friends. Smith and friends left the event on Aug. 19, 2013, at approximately 1:30 a.m., traveling down a dirt portion of Jefferson Avenue and toward a private railroad crossing. A Union Pacific Railroad Company train was approaching on her left at an angle behind her. There was a dog-leg bend just prior to the crossing so that Smith's headlights did not illuminate the tracks until just prior to her crossing. Her vehicle was struck by the train and she was killed, along with three of her passengers including Reuben Fernandez, Angelina Velasquez, and David Alonzo Jr. A fourth passenger, Alexandra Sanchez Martinez, survived the crash.
Plaintiffs Sandra Gonzalez (mother of Reuben Fernandez) and Sarah Vega (mother of Angelina Velasquez) filed a wrongful death action on Jan. 14, 2014, against Vemma Nutrition Company; Union Pacific Railroad Company; County of Fresno; Zim Industries, Inc.; Estate of Michaela Smith, Deceased; Gregory Anello; R.D. Green; Yosh Kamine; Jacob Kamine; Raymond Fernandez; and Carlos Velasquez in the Superior Court of Fresno County, California. Plaintiffs asserted claims against Union Pacific for negligent construction and maintenance of the crossing without gates and nighttime lights and with a stop sign and railroad crossing sign that only became visible to west-bound drivers after they traveled through the dog-leg bend in the road. Plaintiffs also asserted premises liability claims against property owner Zim Industries. The matter was consolidated with claims brought by plaintiffs Stephen and Debra Smith, parents of Michaela Smith. Defendants argued that the crossing complied with applicable safety codes and that the train engineer had properly sounded horn blasts 18 seconds prior to the collision in order to audibly warn motorists.
Union Pacific filed an offer to compromise to Sarah Vega on March 31, 2016, for $100,000. Union Pacific filed an offer to compromise to the Smiths for $50,000 on July 6, 2016. The Smiths filed an offer to compromise to Union Pacific in the amount of $1,000,000 on Feb. 22, 2016. Gonzalez and Vega filed offers to compromise to Union Pacific in the amount of $1,500,000 each on Dec. 8, 2016. All were rejected, and plaintiffs' claims against Union Pacific and Zim proceeded to a jury trial before Judge Donald S. Black.
The jury returned a verdict for defendants on Feb. 8, 2017, finding Michaela Smith 100% negligent in causing the deadly crash.
Union Pacific was represented by Jacob Flesher and Jeremy Schroeder of Flesher Schaff & Schroeder, Inc. Plaintiffs were represented by Warren Paboojian of Baradat & Paboojian and Stephen Cornwell and Rene Sample of Cornwell & Sample. Zim was represented by Charles Horn and Michelle Bonoli of LeClair Ryan, LLP.