In
February, 2002, Mr. Cavanagh was the lead attorney for the
passengers of a vehicle injured in a collision with a freight
train that resulted in a state record
amount of $54.3 million for three family members. On
behalf of the passengers of the SUV, Mr. Cavanagh obtained
$21.3 million of the total record verdict. Evidence discovered
during the discovery phase of the lawsuit revealed that
the railroad had taken the crossing gates and lights out
of service for nearly twelve days prior to the crash. The
railroad ordered a "stop and flag" procedure at
the crossing but the order was erroneously withdrawn by
the dispatcher fifteen minutes prior to the collision. The
passengers, Fidel and Francisca Velarde, age 73, suffered
traumatic brain injuries in the collision and need 24 hour
attendant care.
In September, 2000, Mr. Cavanagh
settled another railroad crossing collision case against
the same railroad for a state record $9.1 million. The
lawsuit was filed in 1998 for injuries to the plaintiff
following a train/car collision at the railroad's Schmale
Road crossing. Evidence discovered during the course of
the lawsuit revealed that the railroad was warned of a missing
crossing gate arm at the Schmale Road crossing over an hour
prior to the crash. The lawsuit alleged that, despite the
warning, the railroad failed to implement a safety procedure
called a "stop and flag", requiring all trains
to stop prior to entering the crossing.
