Boyle Brasher

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Wrongful Death
Surviving Parents/Wrongful Death Plaintiffs v. Railroad. U.S. District Court Eastern District of Missouri. Early morning trespass by plaintiffs, adult son on the railroad’s right of way. The trespasser was struck and killed by a train. Plaintiffs’ asserted the railroad negligently allowed residents to traverse its tracks, failed to fence the right of way, failed to provide warnings, and failed to patrol the right of way in congested areas. Through aggressive early pre-discovery investigation Mr. Brasher of Boyle Brasher LLC established that the trespasser was intoxicated, that he had been sitting between the rails of the track prior to being struck, and that he had been drinking before the accident at a bar owned by his parents, the plaintiffs. After these facts were disclosed to plaintiffs’ counsel, the case was voluntarily dismissed with prejudice at a very early stage with no payments of any kind by the defendant railroad to plaintiffs.

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