Family Awarded $2.3 million In Suit Over Haltom Man’s Death
Family Awarded $2.3 million In Suit Over Haltom Man’s Death
By Tara Dooley
American Airlines and a security firm are found negligent in a 1991 accident in which the victim was hit by a freight train near Alliance Airport.
The widow and the daughter of a Haltom City man who was killed by a freight train at Alliance Airport seven years ago have been awarded $2.3 million in a wrongful death lawsuit against American Airlines, a security guard and his employer.
At the end of a 2 1/2 week trial in state District Jude Dana Womack's Fort Worth courtroom, a jury decided Wednesday that the airline and Smith Protective Services were negligent in the death of Malcolm Burdette. "It's been dragged out for seven years and we're just real happy to have some closure to it, so we can get on with our lives," Jimy Burdette, Malcolm Burdette's widow, said yesterday.
Michael E. Heygood, attorney for Jimy Burdette and her daughter, Allison, said the family is satisfied with the verdict. Jurors agreed that the companies had not taken proper precautions at a railroad crossing at an American Airlines maintenance facility and shared responsibility for Burdette's death, he said.
"It made them feel good that it at least wasn't all his fault and that American Airlines should have looked at their procedures better," Heygood said.
John Hotard, a spokesman for American Airlines, said the company has not decided whether to appeal the decision, but he declined to comment further.
The Dallas attorney for Smith Protective Services said the company is disappointed with the verdict. "We're waiting for the post-verdict motions," Mitchell Madden said. "At that point, my clients will make a determination on whether or not it's necessary to appeal."
Malcolm Burdette died June 6, 1991, as he was driving his pickup on a private road that crossed tracks now used by Burlington Northern Santa Fe Railway, Heygood, said. Burdette, 49, worked for a Fort Worth steel company that was helping to build the America Airlines maintenance base. The accident occurred about 4:30 p.m. as he was leaving the base on his way to the steel company offices, Heygood said.
In addition, the guard, James Pond, had not placed orange barrels in front of the crossing - the custom when trains were approaching, Heygood said. "The guard was on the phone and wasn't paying attention," he said.
In its verdict, the jury decided that Pond was 50 percent responsible for the collision, American Airlines was 30 percent to blame and Burdette, 20 percent. At the time, Pond was employed by Centurion Protection, which the jury determined was the same business as Smith Protective Services. Madden said the companies were owned and managed separately. According to the lawsuit, American Airlines hired Smith guards to control traffic over the tracks.
Heygood said the jury verdict holds the companies responsible for not living up to their obligation to provide a safe crossing point. "I think ultimately it says that if you agree to do something in our society, you need to do it," Heygood said."If you are going to watch for a train and that's your only job, you need to watch for the train."
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By Tara Dooley
American Airlines and a security firm are found negligent in a 1991 accident in which the victim was hit by a freight train near Alliance Airport.
The widow and the daughter of a Haltom City man who was killed by a freight train at Alliance Airport seven years ago have been awarded $2.3 million in a wrongful death lawsuit against American Airlines, a security guard and his employer.
At the end of a 2 1/2 week trial in state District Jude Dana Womack's Fort Worth courtroom, a jury decided Wednesday that the airline and Smith Protective Services were negligent in the death of Malcolm Burdette. "It's been dragged out for seven years and we're just real happy to have some closure to it, so we can get on with our lives," Jimy Burdette, Malcolm Burdette's widow, said yesterday.
Michael E. Heygood, attorney for Jimy Burdette and her daughter, Allison, said the family is satisfied with the verdict. Jurors agreed that the companies had not taken proper precautions at a railroad crossing at an American Airlines maintenance facility and shared responsibility for Burdette's death, he said.
"It made them feel good that it at least wasn't all his fault and that American Airlines should have looked at their procedures better," Heygood said.
John Hotard, a spokesman for American Airlines, said the company has not decided whether to appeal the decision, but he declined to comment further.
The Dallas attorney for Smith Protective Services said the company is disappointed with the verdict. "We're waiting for the post-verdict motions," Mitchell Madden said. "At that point, my clients will make a determination on whether or not it's necessary to appeal."
Malcolm Burdette died June 6, 1991, as he was driving his pickup on a private road that crossed tracks now used by Burlington Northern Santa Fe Railway, Heygood, said. Burdette, 49, worked for a Fort Worth steel company that was helping to build the America Airlines maintenance base. The accident occurred about 4:30 p.m. as he was leaving the base on his way to the steel company offices, Heygood said.
In addition, the guard, James Pond, had not placed orange barrels in front of the crossing - the custom when trains were approaching, Heygood said. "The guard was on the phone and wasn't paying attention," he said.
In its verdict, the jury decided that Pond was 50 percent responsible for the collision, American Airlines was 30 percent to blame and Burdette, 20 percent. At the time, Pond was employed by Centurion Protection, which the jury determined was the same business as Smith Protective Services. Madden said the companies were owned and managed separately. According to the lawsuit, American Airlines hired Smith guards to control traffic over the tracks.
Heygood said the jury verdict holds the companies responsible for not living up to their obligation to provide a safe crossing point. "I think ultimately it says that if you agree to do something in our society, you need to do it," Heygood said."If you are going to watch for a train and that's your only job, you need to watch for the train."
<< BACK TO PERSONAL INJURY ARCHIVE