Suit Against UP Gains Class Action Status

LEWISVILLE, Ark. — The families of Arkansasans who were either killed or injured in accidents between 1992 and 2005 involving Union Pacific and who later settled with the company have been certified as a legal class to pursue additional compensation for their claims.

On April 11, 2008, Lafayette County Circuit Court Judge Jim Hudson determined that a class action should proceed in a case against the railroad, according to the Duncan Firm.

The suit does not include railroad employees.

The suit alleges that Union Pacific violated the Arkansas Deceptive Trade Practices act. The railroad is accused of pressuring families and individuals to settle claims against the company without legal representation, and for illegally engaging in the practice of law.

Union Pacific denies any wrongdoing.

“We know of more than 100 Arkansans affected by this class action certification, but we believe there are probably many more,” attorney Phillip Duncan said. Tom Jones and Mike Roberts also are attorneys representing the class members.

Union Pacific has filed a notice to appeal Judge Hudson’s decision to certify the class. The case is scheduled to move forward on a class-wide basis.

A trial date has not been scheduled.

— Railfanning.org News Wire edited from PRNewswire