KRCL Obtains Appellate Victory Affirming a Summary Judgment

Marcy Rothman and Danny Guerra obtained an appellate victory affirming a summary judgment in Clenten Carr, et. al v. Union Pacific Railroad Company filed in the 258th Judicial District Court of San Jacinto County.  The claims arose out of a collision and derailment of two Union Pacific trains in Shepherd, Texas.  The plaintiffs alleged that the derailment resulted in a release of chemicals that caused respiratory illnesses.  The plaintiffs further alleged that the derailment caused their home to shift and such shifting led to a subsequent fire which destroyed their home.  Union Pacific moved to strike the plaintiffs' medical expert and for summary judgment on the basis that there was no evidence of causation.  Acknowledging the strength of the motion to strike, the plaintiffs de-designated the expert.  Without expert testimony as to causation on either the chemical exposure or the subsequent house fire, the trial court granted summary judgment.  In a memorandum opinion issued on September 29, 2011, the 14th Court of Appeals in Houston affirmed the summary judgment.  David George, one of our colleagues with another firm representing the Railroad, assisted with the brief on appeal.

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