(The following story by Marie Price appeared on The Journal Record website on August 28.)
OKLAHOMA CITY — A federal court in Muskogee has awarded Union Pacific Railroad Co. a $4.4 million judgment against the U.S. Army Corps of Engineers for damages the railway company suffered following a May 2003 derailment about a mile south of Eufaula.
According to the court’s opinion, Lake Eufaula is a civil works project under jurisdiction and control of the United States, through the corps of engineers.
The derailment involved 36 cars of a 98-car Union Pacific train carrying a wide variety of freight.
Only an engineer and conductor were on board at the time.
Both were in the front engine, which did not derail.
Many feet of track were placed and a rail bridge was constructed following the derailment.
The court said that as the train passed over metal culverts installed in a dirt embankment, the culverts collapsed.
A witness for Union Pacific testified that the culverts should have been constructed of reinforced concrete.
The federal court found for Union Pacific on its claims for negligent breach of contract and negligent failure to maintain and inspect the culverts, finding that the corps of engineers breached the duty of care it owed Union Pacific.
“No expert in the field who testified at trial condoned the use of metal pipes in a submerged area,” the court said. “Indeed, to a man, the experts agree that had reinforced concrete been utilized in the construction of the culverts, the collapse and resulting derailment would have been avoided.”
The court also refused to enforce an exculpatory clause in the parties’ contract, saying that enforcement of the clause, which would permit the corps to avoid liability, would be injurious to the public.
Officials with Union Pacific and the corps of engineers were not immediately available for comment.