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Martin v. Union Pacific, day 1: Martin trial against railroad begins
Eight jurors sat through opening statements and testimony Tuesday morning in the civil trial of a Castle Rock girl who was almost killed when her car was struck by a train after stalling on the tracks.
By Megan Fromm
Eight jurors sat through opening statements and testimony Tuesday morning in the civil trial of a Castle Rock girl who was almost killed when her car was struck by a train after stalling on the tracks.
Maureen "Missy" Martin was 16 in November 2002 when her car stalled on the railroad tracks at Fifth and Front streets in downtown Castle Rock. Her boyfriend, following behind her in his truck, unsuccessfully tried to push her car over the tracks. A freight train owned and operated by Union Pacific Railroad hit Martin's car, pushing it almost 90 feet.
The accident left Martin with brain damage and partially paralyzed, and she has been undergoing physical therapy since the accident.
In his opening statement, Martin's attorney Bob Schuetze argued the Union Pacific Railroad and its crew on the train did nothing to stop even though Martin's car was visible on the tracks.
"We're going to ask you for a verdict that tells the railroad that to do nothing is not OK," Schuetze said.
Defense attorneys for Union Pacific argued that, until Martin's boyfriend attempted to knock her car off the tracks, the train would have missed hitting the Mazda Protégé by roughly four inches.
Martin's boyfriend at the time of the accident, Vinny Veruchi, was the first witness to be called Tuesday. Wearing a U.S. Marine Corps uniform, he testified Missy's car was already on the tracks before he hit her from behind with his truck.
In cross-examination by UP attorneys, Veruchi said by the time he thought to get out of his car and pull Martin from hers it was too late. Cross-examination stopped short after Judge Paul King rejected the admission of one of the defense's exhibits.
Leaving the courtroom after testifying, Veruchi said he thought the questioning had gone well.
Jurors were picked Monday out of a pool of more than 80.
In her lawsuit against Union Pacific Railroad, Missy and her family seek compensation for her injuries and the struggles they say she will be faced with for years to come.
In a span of three hours, three jurors had been dismissed before the final jury - five women and three men - was chosen on Monday. When court adjourned for the evening, Martin left the room flanked by her parents and supported by a cane.
"It's about time," she told news media seeking comment. Her father, Dave Martin, said he was happy with the jury selection but declined to comment further.
King instructed jurors of their obligations to the court and about being fair.
"Keep an open mind throughout this entire trial," he said.
The trial is scheduled to last through June 23.
Since the accident, a flyover has been erected at the intersection of the accident to allow cars to pass over the tracks without stopping.
Contact Megan Fromm at mfromm@ccnewspapers.net.
Maureen "Missy" Martin was 16 in November 2002 when her car stalled on the railroad tracks at Fifth and Front streets in downtown Castle Rock. Her boyfriend, following behind her in his truck, unsuccessfully tried to push her car over the tracks. A freight train owned and operated by Union Pacific Railroad hit Martin's car, pushing it almost 90 feet.
The accident left Martin with brain damage and partially paralyzed, and she has been undergoing physical therapy since the accident.
In his opening statement, Martin's attorney Bob Schuetze argued the Union Pacific Railroad and its crew on the train did nothing to stop even though Martin's car was visible on the tracks.
"We're going to ask you for a verdict that tells the railroad that to do nothing is not OK," Schuetze said.
Defense attorneys for Union Pacific argued that, until Martin's boyfriend attempted to knock her car off the tracks, the train would have missed hitting the Mazda Protégé by roughly four inches.
Martin's boyfriend at the time of the accident, Vinny Veruchi, was the first witness to be called Tuesday. Wearing a U.S. Marine Corps uniform, he testified Missy's car was already on the tracks before he hit her from behind with his truck.
In cross-examination by UP attorneys, Veruchi said by the time he thought to get out of his car and pull Martin from hers it was too late. Cross-examination stopped short after Judge Paul King rejected the admission of one of the defense's exhibits.
Leaving the courtroom after testifying, Veruchi said he thought the questioning had gone well.
Jurors were picked Monday out of a pool of more than 80.
In her lawsuit against Union Pacific Railroad, Missy and her family seek compensation for her injuries and the struggles they say she will be faced with for years to come.
In a span of three hours, three jurors had been dismissed before the final jury - five women and three men - was chosen on Monday. When court adjourned for the evening, Martin left the room flanked by her parents and supported by a cane.
"It's about time," she told news media seeking comment. Her father, Dave Martin, said he was happy with the jury selection but declined to comment further.
King instructed jurors of their obligations to the court and about being fair.
"Keep an open mind throughout this entire trial," he said.
The trial is scheduled to last through June 23.
Since the accident, a flyover has been erected at the intersection of the accident to allow cars to pass over the tracks without stopping.
Contact Megan Fromm at mfromm@ccnewspapers.net.
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