Aaron V. National Railroad Passenger Corporation Et Al

On January 31, 2024, the jury returned a verdict in favor of Breayonna Aaron and her children. They awarded $8,800,000 in compensatory damages and $150,000,000 in punitive damages against Amtrak. The total damages amounted to $158,800,000 for the death of Richie Terrell Aaron Jr.

Case Background

On March 18, 2022, a personal injury lawsuit was filed in the United States District Court for the Western District of Missouri. The case, assigned number 4:22-cv-00189, fell under the category of personal injury litigation. District Judge Stephen R. Bough was appointed to preside over the proceedings.

Cause

On January 14, 2022, Richie Terrell Aaron Jr. boarded an Amtrak train in Normal, Illinois, destined for Independence, Missouri. Unbeknownst to Aaron, another passenger, Marquise Webb, also boarded the train in Normal. Webb, a stranger to Aaron, had been involved in a carjacking shortly before boarding and appeared intoxicated with bloodshot eyes. Despite purchasing two tickets for the same journey, Webb was not thoroughly questioned or searched by Amtrak personnel.

As the train approached or stopped at the Lee’s Summit, Missouri station, Webb shot Aaron multiple times. Passengers immediately alerted Amtrak staff about the shooting and Aaron’s critical condition. They pleaded with the staff to stop the train and allow emergency services to reach Aaron. However, Amtrak personnel decided to continue the journey to the next scheduled stop in Independence, Missouri, located about 16 minutes away.

During this time, Aaron lay bleeding and dying on the train. Witnesses reported that approximately 35 minutes passed between the shooting and the train’s arrival in Independence. Amtrak failed to halt the train at Lee’s Summit or at any point along the route to connect with emergency services. When the train finally reached Independence, emergency responders arrived, but it was too late to save Aaron’s life. He was pronounced dead at the scene.

Injuries

Richie Terrell Aaron Jr. suffered multiple gunshot wounds that proved fatal, resulting in his wrongful death at the young age of 30. He left behind a grieving family, including his wife, Breayonna Aaron, and their three minor children: M.A. (11 years old), R.A. (8 years old), and L.A. (4 years old). The family had been close-knit, with Aaron providing love, comfort, care, and financial support.

The Aaron family suffered significant pecuniary losses due to Richie’s untimely death. Beyond the economic impact, the family endured profound non-economic damages. They were deprived of Aaron’s physical presence, emotional support, and guidance. The children lost the opportunity to grow up with their father’s influence, instruction, and counsel. Breayonna lost her life partner and the companionship, comfort, and consortium that came with their marriage.

Damages

The lawsuit sought damages in excess of $100 million under Missouri’s wrongful death statute. This included compensation for economic losses, funeral expenses, lost wages, and non-economic damages such as loss of companionship and emotional support.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Breayonna Aaron individually and on behalf of Richie Terrell Aaron, Jr., deceased and on behalf of her minor children M.A., R.A. and L.A
    • Counsel for Plaintiff: Nuru Lateef Witherspoon| James R Layton | Kamaria Harper Williams | Linje Rivers | Milesha N. Segun | Aubrey Nick Pittman | Emily Taylor
    • Experts for Plaintiff(s): Stan Smith

 

Claims

The plaintiffs brought a multi-faceted lawsuit against both Amtrak and Marquise Webb. Their claims against Amtrak included:

  • Negligence and Vicarious Liability: The plaintiffs alleged that Amtrak, as a common carrier, owed the highest duty of care to its passengers. They claimed Amtrak breached this duty by failing to implement adequate security measures, such as metal detectors or baggage screening, to prevent weapons from being brought onboard. Additionally, they argued Amtrak’s response to the shooting was negligent, citing the decision to continue to Independence rather than stopping for immediate medical assistance.
  • Negligent Hiring, Training, and Supervision: The lawsuit claimed Amtrak failed to properly hire, train, and supervise its employees in crucial areas such as emergency response, security protocols, and passenger screening. This included allegations of inadequate training in first aid and failure to equip trains with proper medical supplies.
  • Failure to Warn: The plaintiffs asserted that Amtrak did not adequately warn passengers about the risks associated with its lack of security measures regarding firearms on trains.

Against Marquise Webb, the plaintiffs brought claims of:

  • Negligence: Arguing that Webb breached his duty of care by bringing a loaded firearm onto the train and using it to cause harm.
  • Assault and Battery: Claiming Webb’s actions constituted intentional, harmful physical contact resulting in Aaron’s death.

 Defense

The company denied most of the allegations made by the plaintiffs, including claims of negligence, inadequate security measures, and failure to respond appropriately to the shooting incident. Amtrak argued that it was not responsible for the injuries and damages alleged by the plaintiffs. The company stated that any harm resulted from the actions of third parties, particularly Marquise Webb, over whom Amtrak had no control. Amtrak asserted that Webb’s conduct was the sole, intervening, and superseding cause of the plaintiffs’ injuries.

The defense raised several affirmative defenses. Amtrak claimed that some of the plaintiffs’ allegations were preempted by federal law, including the Federal Railroad Safety Act. The company also argued that the plaintiffs’ claims were subject to mandatory arbitration provisions in Richie Terrell Aaron Jr.’s Amtrak passenger ticket. Amtrak contended that the incident and resulting damages were not foreseeable, which should bar the plaintiffs’ recovery. The company disputed the extent of the damages claimed by the plaintiffs and requested that any potential award be limited by applicable federal statutes. Additionally, Amtrak reserved the right to amend its answer and raise additional defenses as they became known through investigation and discovery. The company demanded a jury trial on all issues triable by jury.

 Expert Testimony

Both parties brought in expert witnesses to support their claims. The plaintiffs retained Dr. Stan Smith, a forensic economist, to quantify the financial impact of the victim’s death on his family. Amtrak countered with three medical experts: Dr. R. Stephen Smith, a trauma and critical care surgeon; Dr. Molly Furin, an emergency medicine specialist with disaster management expertise; and Dr. Jane W. Turner, a forensic pathologist. Amtrak’s experts collectively brought experience in trauma care, emergency response, and cause of death determination, likely to address the medical aspects of the incident and the appropriateness of Amtrak’s actions.

Jury Verdict

On January 31, 2024, the jury reached a verdict in favor of the plaintiffs in their claim against Amtrak. They assessed compensatory damages for the plaintiffs at $8,800,000. The jury also apportioned fault between the defendants, assigning 90% of the fault to Amtrak and 10% to Marquise Webb. Additionally, the jury awarded punitive damages against Amtrak in the amount of $150,000,000.

On July 17, 2024, U.S. District Judge Stephen R. Bough reduced the $150,000,000 award to the family of a man shot while riding an Amtrak train to $35,200,000. He stated that, while Amtrak’s conduct showed an “indifference or reckless disregard of the safety of others,” the punitive damages awarded by the jury were excessive.

Court Documents:

Available Upon Request