Eckelkamp v. Burlington Northern Santa Fe Railway Co.

Introduction

Carol Eckelkamp, Conservator of the estates of Mitchell Heimann and Melanie Heimann, and Denise Heimann, individually, and Louis Heimann and Mary Heimann (Appellants) appeal from the judgment of the trial court entered upon a jury verdict on Appellants’ wrongful death claim assessing damages at $2,600,000.00, and apportioning 90% fault to Robert Heimann, Appellants’ Decedent (Decedent), and 10% fault to Burlington Northern Sante Fe Railway Company (Respondent), for a net verdict of $260,000.00 to Appellants.

Factual and Procedural Background

On October 24, 2001, Decedent was driving…