Spence v. BNSF Railway Co.Annotate this Case
The Supreme Court affirmed the judgment of the circuit court entering judgment in favor of Sherry Spence on her wrongful death cause of action for the death of her husband.
Spence sued BNSF Railway Company for the wrongful death of the decedent, who was killed after a BNSF train struck his pickup truck at a railroad crossing. Spence alleged BNSF was negligent for failing to trim the vegetation around the railroad crossing and asserted a claim of respondeat superior liability against BNSF, alleging that its train crew members were negligent for failing to stop or slow the train. A jury found in favor of Spence, assessing ninety-five percent of the fault to BNSF for the conduct of its train crew and for its failure to maintain the railroad crossing, and five percent of the fault to the decedent. The Supreme Court affirmed, holding that the circuit court did not err in (1) overruling BNSF’s motion for a new trial based upon a juror’s intentional nondisclosures; (2) submitting the verdict directors in two jury instructions and the corresponding verdict form; and (3) overruling BNSF’s motion for a new trial on the grounds that an instruction regarding the duties owed by BNSF was improperly submitted.