Duplechin v. Missouri Pacific Railroad

OPINION

VERON, District Judge.

The plaintiff, Gerald Duplechin (Duple-chin), brought suit against ARCOA Corporation (ARCOA), ARCOA’s insurer, Aetna Casualty and Surety Company (Aetna), and Missouri Pacific Railroad Company (Missouri Pacific) for damages sustained when Duplechin's vehicle collided with a cow.

The principal demand was tried by jury rendering a verdict in favor of Duplechin and against ARCOA and Missouri Pacific in the amount of $187,357.46. This amount was, however, reduced by five percent because the jury found Duplechin contributorily negligent to that extent.

The only remaining…