Clark v. Union Pacific Railroad Company

Filing 168

JUDGMENT in favor of M Randy Rice, Trustee for Jody L. Clark, in the total sum of $1,150,000, with defendants Union Pacific and Gunderson to pay equal parts 167 . Signed by Judge Susan Webber Wright on 6/8/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
M. RANDY RICE, TRUSTEE FOR
JODY L. CLARK,
Plaintiff,
vs.

UNION PACIFIC RAILROAD COMPANY,
Defendant/Third-Party
Plaintiff,
vs.

GUNDERSON RAIL SERVICES, LLC,
D/B/A GREENBRIER RAIL SERVICES
PINE BLUFF D/B/A GUNDERSON
WHEEL SERVICES AND D/B/A
GUNDERSON, INC.
Third-Party Defendant.

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No. 4:12-cv-00108-SWW

JUDGMENT
Pursuant to the Opinion and Order entered in this matter on this date, it is Considered,
Ordered and Adjudged that the acts or omissions of Gunderson Rail Services, LLC, d/b/a
Greenbrier Rail Services Pine Bluff d/b/a Gunderson Wheel Services and d/b/a Gunderson, Inc.
(Gunderson) caused Jody L. Clark’s accident and that the negligence of Union Pacific Railroad
Company (Union Pacific) contributed to Clark’s accident. Accordingly, Union Pacific and
Gunderson must pay equal parts of the $1,150,000 settlement to Plaintiff M. Randy Rice, Trustee
for Clark. As Gunderson has already agreed and been ordered to pay $575,000 of the settlement

in indemnification–one-half of the loss–Union Pacific is not entitled to further indemnification
from Gunderson.
IT IS SO ORDERED this 8th day of June 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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