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Jury sends $11.7 million message; UP will appeal verdict
Jurors in the case of Missy Martin v. Union Pacific Railroad sent an $11.7 million message to UP after five hours of deliberation Thursday, awarding the Martin family damages well in excess of the requested $6 million.
By Megan Fromm
Jurors in the case of Missy Martin v. Union Pacific Railroad sent an $11.7 million message to UP after five hours of deliberation Thursday, awarding the Martin family damages well in excess of the requested $6 million.
Martin, who was 16 when her car was struck by a train at the crossing of Fifth and Front streets in Castle Rock on Nov. 12, 2002, has brain damage and is partially paralyzed. She and her parents, Dave and Becky Martin, sued UP for damages and loss from injuries as well as punitive damages.
Sitting in a courtroom at the Robert A. Christensen Justice Center, Martin and her parents wiped away tears as the verdict, which found UP liable for her injuries and future losses, was submitted to judge Paul King.
The jury found that not only should defendant Dannie Dolan and his employer, UP, have known about the danger Martin's car posed while it was stalled in the railroad crossing, but the train crew also failed to exercise reasonable care in avoiding the accident.
Damages awarded in the verdict for Missy Martin and her parents include:
* $150,000 for non-economic loss.
* $6,647,200 for economic loss.
* $350,000 for physical impairment loss.
* $615,714 in loss to David and Rebecca Martin.
* $4 million in punitive damages.
Martin, now 19, said the impending decision weighed on her mind all day, and after many tears, she resigned herself to whatever decision the jury made.
"It was out of my hands," she said. "I did what I could do, and I couldn't worry anymore."
After the verdict was read, the Martin family shared hugs, handshakes and tears, and made plans for a quiet night at home to celebrate, Dave Martin said.
Missy, however, had other plans.
"I think we should do some hard-core partying," she said, laughing as she leaned on her attorney, Bob Schuetze.
UP will appeal the verdict, said attorney Steven Napper.
"I'm disappointed, obviously," Napper said about the verdict before leaving the courthouse.
Dave Martin said the multi-million dollar verdict should send a clear message to the railroad that its failure to stop before hitting Martin's car is unacceptable.
"If you're gonna make a mistake, at least come to the table," he said. "She's not gonna get back to normal, and it kills me. It's going to be a long, hard road for Missy in the future."
Missy Martin, however, said the verdict and award will make it possible for her to have a life and a future.
Contact Megan Fromm at mfromm@ccnewspapers.net.
Martin, who was 16 when her car was struck by a train at the crossing of Fifth and Front streets in Castle Rock on Nov. 12, 2002, has brain damage and is partially paralyzed. She and her parents, Dave and Becky Martin, sued UP for damages and loss from injuries as well as punitive damages.
Sitting in a courtroom at the Robert A. Christensen Justice Center, Martin and her parents wiped away tears as the verdict, which found UP liable for her injuries and future losses, was submitted to judge Paul King.
The jury found that not only should defendant Dannie Dolan and his employer, UP, have known about the danger Martin's car posed while it was stalled in the railroad crossing, but the train crew also failed to exercise reasonable care in avoiding the accident.
Damages awarded in the verdict for Missy Martin and her parents include:
* $150,000 for non-economic loss.
* $6,647,200 for economic loss.
* $350,000 for physical impairment loss.
* $615,714 in loss to David and Rebecca Martin.
* $4 million in punitive damages.
Martin, now 19, said the impending decision weighed on her mind all day, and after many tears, she resigned herself to whatever decision the jury made.
"It was out of my hands," she said. "I did what I could do, and I couldn't worry anymore."
After the verdict was read, the Martin family shared hugs, handshakes and tears, and made plans for a quiet night at home to celebrate, Dave Martin said.
Missy, however, had other plans.
"I think we should do some hard-core partying," she said, laughing as she leaned on her attorney, Bob Schuetze.
UP will appeal the verdict, said attorney Steven Napper.
"I'm disappointed, obviously," Napper said about the verdict before leaving the courthouse.
Dave Martin said the multi-million dollar verdict should send a clear message to the railroad that its failure to stop before hitting Martin's car is unacceptable.
"If you're gonna make a mistake, at least come to the table," he said. "She's not gonna get back to normal, and it kills me. It's going to be a long, hard road for Missy in the future."
Missy Martin, however, said the verdict and award will make it possible for her to have a life and a future.
Contact Megan Fromm at mfromm@ccnewspapers.net.
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