Supreme Court Ruling in Favor of Union Pacific Railroad

June 2009

Union Pacific R. Co. v. Martin, 209 P.3d 185 (Colo. 2009). Brian Waters represented the Colorado Defense Lawyers Association in a landmark case before the Colorado Supreme Court involving landowner rights. The appellate matter involved complex issues of statutory construction, including the effect of a post verdict legislative amendment. The Colorado Supreme Court’s opinion throws out a trial verdict in excess of $11 million against Union Pacific Railroad Company. The Colorado Supreme Court’s key ruling is that landowners are entitled to assert statutory defenses to liability, such as comparative negligence and pro rata liability of a nonparty.

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