UNION PACIFIC R.R. CO. v. BARBER

No. 03-57.

149 S.W.3d 325 (2004)

356 Ark. 268

UNION PACIFIC RAILROAD COMPANY v. Chris BARBER and Claudette Barber; Allied Waste Industries, Inc.

Supreme Court of Arkansas.

February 26, 2004.


Attorney(s) appearing for the Case

William H. Sutton, Robert S. Shafer, and Scott H. Tucker, Little Rock, for appellant.

Robert L. Pottroff and Stephen W. Boyda, Manhattan, KS; B. Michael Easley, Forrest City; and Gene Ludwig, Little Rock, for appellees.

McMath Woods, by: Paul E. Harrison, Little Rock, for amicus curiae Railwatch, Inc., and The Kelly Waldron Memorial Foundation.

Eubanks, Welch, Baker & Schulze, by: Morgan E. Welch, Little Rock, for amicus curiae Arkansas Trial Lawyers Association.


ANNABELLE CLINTON IMBER, Justice.

This case arises from a collision between a train owned and operated by Appellant Union Pacific Railroad Company (Union Pacific) and a garbage truck occupied by Appellee Chris Barber. A jury returned a verdict that found Union Pacific negligent and awarded Mr. Barber and his wife $5.1 million in compensatory damages. In addition, the jury concluded that Union Pacific acted with malice or...

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