MULLICAN|HART CHALKS UP ANOTHER VICTORY FOR THEIR CLIENT!

On March 21, 2023, Mullican & Hart, P.C. secured a summary judgment in favor of AMTRAK and BNSF Railway in the U.S. District Court for the Northern District of Texas – Dallas Division. The case involved a January 20, 2020 collision at a private crossing in Marietta, Oklahoma. Daniel Woolery, the driver, sustained serious injuries in the collision, was airlifted from the scene, and underwent a lengthy course of treatment for his injuries. Suit was filed alleging vegetation, speed, and horn issues. Rejecting a self-serving affidavit that contradicted Woolery’s deposition testimony, the court found that Woolery violated 47 Okla. Stat. 11-701(A)(4) by failing to yield to an oncoming train that was plainly visible and in hazardous proximity to the crossing. Due to the statutory violation, Woolery’s actions constituted negligence per se, and therefore, the proximate cause of the collision as a matter of Oklahoma law. Woolery v. Doty, et al., Case No. 3:21-cv-01728-D.