The negligence of unrelated parties often results in the destruction of, or substantial damage to, railroad bridge piers, protection cells or bridge superstructure. While the cases are often governed by the principles of common law negligence, bridge strikes can be governed by maritime law and construction activity adjacent to bridges may have a detrimental effect on a bridge’s integrity implicating construction law. KCM is able to advocate within each of these unique areas of the law as they related to bridge damage. And importantly KCM attorneys are also able to properly identify, articulate and support the damages portion of the case. Recovery of all available damages in these cases requires knowledge of rail operations and bridge maintenance protocols. KCM has considerable experience in pursuing these and other similar claims for its rail carrier clients, and a proven track record of successful recoveries.
CSX Transportation, Inc. v. Florida Marine Transporters, U.S District Court for the Northern District of Illinois, Civil Action No. 1:14-cv-10176. In this matter, we represented the bridge owner following the destruction of a bridge protection cell as a result of a barge allision leading to a claim in excess of $1,000,000. Legal and factual issues involved in the case included violation of the “Rules of the Road” under maritime law, betterment, and structural engineering. The matter resolved prior to trial resulting in a favorable settlement.
CSX Transportation, Inc. v. Signet Maritime Corporation, District Court of Harris County Texas, 270th Judicial District, Civil Action No. 2016-28547. This matter involved a bridge allision resulting in damage to the fender system of our client’s bridge. The matter resolved prior to trial.