UNION PACIFIC R.R. v. VICKERS

No. 08-934.

308 S.W.3d 573 (2009)

2009 Ark. 259

UNION PACIFIC RAILROAD; Herbert C. Stuart; Rodney Wayne Woods; and Ronnie Charles Glover, Appellants, v. Victor S. VICKERS; Robert Udell, Administrator of the Estate of Tracey Udell, Deceased; and James Freeman, Individually and on Behalf of All Other Persons Similarly Situated, Appellees.

Supreme Court of Arkansas.

May 7, 2009.


Attorney(s) appearing for the Case

Bryan Cave LLP, by: John Michael Clear, Elizabeth C. Carver, Daniel M. O'Keefe, and James R. Wyrsch; Patton Roberts, PLLC, by: Sean F. Rommel; and Friday, Eldredge & Clark, by: Robert S. Shafer, Kevin A. Crass, and Scott H. Tucker, Little Rock, for appellants.

Duncan Firm, P.A., by: Phillip J. Duncan, and James H. Bartolomei, Little Rock; Davis Bethune & Jones, by: Thomas C. Jones and Jose M. Bautista, Kansas City, MO; Roberts Law Firm, P.A., by: Richard Quintus and Mike Roberts, Little Rock; Brian G. Brooks; Dodson & Shaw, by: Nelson Shaw; and Law Office of Danny Cook, by: Danny J. Cook, Texarkana, TX, for appellees.

Welch and Kitchens, LLC, by: Morgan E. Welch, North Little Rock, for amicus curiae Arkansas Trial Lawyers Association.

Lax, Vaughan, Fortson, McKenzie & Rowe, P.A., by: Roger D. Rowe, Little Rock, for amicus curiae Association of American Railroads.

National Chamber Litigation Center, Inc., by: Robin S. Conrad; Winston & Strawn LLP, by: Gene C. Schaerr, Steffen N. Johnson, Andrew C. Nichols, and Jacob R. Loshin; Williams & Anderson PLC, by: Jess Askew III, Little Rock, for amici curiae the Chamber of Commerce of the United States of America, the Arkansas State Chamber of Commerce, and the Associated Industries of Arkansas, Inc.

Quattlebaum, Grooms, Tull & Burrow PLLC, by: Steven W. Quattlebaum, Michael N. Shannon and Jennifer L. Wethington, Little Rock, for amicus curiae the Product Liability Advisory Council, Inc.


ELANA CUNNINGHAM WILLS, Justice.

This is an interlocutory appeal from a class certification order entered by the Lafayette County Circuit Court on April 16, 2008. Appellee Victor S. Vickers was injured in a collision with a Union Pacific train on December 31, 2001; appellee Robert Udell is the father of Tracey Udell, who died as the result of injuries sustained in a collision with a Union Pacific train in 1999; and appellee...

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