Smith et al v. BNSF Railway Company

Filing 153

JUDGMENT in favor of Ruth Smith, Kyle Moss, and Samantha (Baird) Moss against BNSF Railway Company. (SG, Case Administrator)

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Case 2:18-cv-00179-SMJ ECF No. 153 filed 05/27/20 PageID.2458 Page 1 of 1 AO 450 (Rev. 11/11) Judgment in a Civil Action UNITED STATES DISTRICT COURT for th _ Eastern District of Washington Ruth Smith, individually, and as personal representative of the Estate of DONALD SMITH, and KYLE MOSS and SAMANTHA (BAIRD) MOSS, husband and wife, Plaintiff v. BNSF RAILWAY COMPANY, Doe Defendants I through X, FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON May 27, 2020 SEAN F. MCAVOY, CLERK ) ) ) ) ) Civil Action No. 2:18-cv-00 179-SMJ Defendant JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): the plaintiff (name) defendant (name) interest at the rate of recover from the the amount of ), which includes prejudgment % per annum, along with costs. dollars ($ %, plus post judgment interest at the rate of the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name) . ✔ other: Judgment is entered in favor of Plaintiffs Ruth Smith, both individually and in her capacity as executor of the estate of Donald Smith (The “Smiths”), Kyle Moss, and Samantha Moss, and against Defendant BNSF, in the sum of $370,971.00 to the Smiths and $55,371.00 to Kyle Moss andSamantha Moss, less the amount of costs accrued in favor of the Plaintiffs, with the result that the total judgment amount, including recoverable costs, which Defendants are obligated to pay, is $426,342.00. This is the total amount to be paid by Defendant BNSF on account of any liability claimed in this action, including all costs of suit and attorney's fees otherwise recoverable in this action by Plaintiffs. This action was (check one): tried by a jury with Judge rendered a verdict. presiding, and the jury has tried by Judge was reached. without a jury and the above decision decided by Judge on a motion for Judgment entered pursuant to Plaintiffs’ Notice of Acceptance of Offer of Judgment from Defendant BNSF Railway Company pursuant to Federal Rule of Civil Procedure 68. Date: May 27, 2020 CLERK OF COURT SEAN F. McAVOY s/ Sara Gore Deputy Clerk Sara Gore

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