LEWISVILLE - Union Pacific representatives pressured individuals with injury or wrongful death claims into accepting quick settlements at amounts far lower than they might have received with an attorney on their side, according to a lawsuit filed in early 2005.
A class certification hearing will continue today in Lafayette County Circuit Court before Judge Jim Hudson. The class representatives are Arkansasresidents Victor Vickers, James Freeman and Robert Udell. Udell's daughter was killed in an accident involving a Union Pacific train. Vickers and Freeman suffered injuries in separate incidents.
The suit claims Delawarebased Union Pacific has a practice of meeting injury victims or family members of those killed in train accidents to arrange settlements before they can hire lawyers. Some people were contacted while they were being treated in emergency rooms orreeling from the news of a loved one's unexpected death, plaintiffs claim in the court documents.
The suit seeks class-action status for those people who settled their claims with the company without an attorney and whose death or injury occurred at crossings, on a rail or near one between 1992 and Feb. 15, 2005.
If the plaintiffs prevail and Hudson grants class-action status, as many as 300 people who settled cases with Union Pacific without the benefit of a lawyer could be included in the lawsuit.
Thomas Jones of Missouri and Phillip Duncan of Little Rock, working as part of a team for the plaintiffs, argued during hearings Thursday and Friday that Union Pacific representatives would tell those with claims against the company that hiring an attorney would do little more than cost them money, would not guarantee them a larger settlement than they could negotiate on their own and would cause a lengthy delay in the receipt of the money.
Some, Jones argued, werewarned by Union Pacific representatives that the company had tall buildings full of experienced lawyers sure to win any injury or wrongful death case brought into court.
This and other acts, according to the suit, constituted the unauthorized practice of law and a violation of the Arkansas Deceptive Trade Practices Act.
Lawyers for Union Pacific disagree.
They say the company did nothing wrong, and that even if it did, the case doesn't meet thecriteria to be certified as class action. Lawyers Sean Rommel of Texarkana and John Michael Clear of Missouri argued that the individual claims of those named and those who potentially would belong to a class are so different that they must be dealt with on a case-by-case basis in court and not as a group.
Testimony will continue today. Once both sides are satisfied they have presented their positions to Hudson, the hearing will end. Hudson then has 90 days to rule.
Arkansas, Pages 14 on 10/29/2007