Frazier v. Union Pacific Railroad

DORAN, J. Plaintiff, a truck driver for the American Pipe and Construction Company, recovered a verdict and judgment against the appellant railroad, in the amount of $60,000, for personal injuries sustained in a collision between truck and train. The accident occurred at the grade crossing of Artesia Boulevard in Long Beach, about 11 a. m. on September 2, 1954. At that time respondent was driving a Sterling Truck Tractor and trailer, loaded with a piece of concrete pipe 16 feet long and 9 feet in diameter. The truck equipment and load weighed some 45 tons, and the overall length was about 60 feet; defendant’s train consisted of an engine pulling 19 cars and a caboose. The view of both truck driver and train crew at the crossing was obstructed by buildings of the Mastic Tile Company.

On the day of the collision the crossing was guarded by a so-called “advance warning” sign about 325-350 feet west of the crossing, and by two “flasher signals,” a horizontal sign stating “Stop On Red Signal,” and a St. Andrews cross stating “Railroad Crossing.” When a train entered the circuit for the signals, the lights would flash alternately. The operation of these signals, and the sounding of any train bell, whistle or horn, were subjects of considerable conflict. Respondent truck driver saw no signals flashing when approaching and slowing down for the crossing, and although familiar with this crossing, had never seen either of the flasher signals working. The respondent heard no bell, whistle or horn.

Upon reaching a point about 60 feet west of the track, respondent first observed the approaching train, immediately applied the brakes, and turned left in an attempt to avoid the collision. The truck slowed down quickly but the oncoming train twice hit the cab in which plaintiff was driving. The train and the truck-trailer combination collided with such force as to derail the locomotive and several box ears; the tractor part of the truck-trailer ended up under the loeomo[387]tive in a ditch. Plaintiff was thrown clear but sustained serious and permanent injuries.

On the question of extent of the injury, respondent produced two orthopedic surgeons, namely, Dr. Durnin, who had treated respondent from the day of the accident to February 23, 1955; and Dr. Billig who took over the case in January, 1955. Dr. Billig had respondent return 65 times for treatment, and at the time of trial this treatment was still continuing.

Mr. Frazier sustained injuries to head, jaw, chest, shoulders, spine, pelvis, forearm, fractured ribs, and fractures involving the pelvic bone and left hip socket. The conclusion was that the injuries are permanent, that the back and hip joint are deformed, and that the injuries would necessitate a change to a sedentary occupation. There was evidence that respondent’s earnings approximated $7,000 per year before injury, but that since the injury respondent had not been able to earn more than about $300 per month, and that only sporadically. Mr. Frazier’s life expectancy was 32% years.