Gary, Indiana Train Collision

Two Northern Indiana Commuter Transportation District commuter trains, occupied by passengers, collided on a single track in Gary, Indiana.  Johnson & Bell represented the commuter railroad in concert with its general counsel Michael Harris of Harris, Welsh and Lukmann in Chesterton, Indiana.  Defended seven wrongful death actions and numerous personal injury actions, including a class action certified in the state court of Indiana.  After successfully defending the constitutionality of the damage limitations contained in the Indiana Tort Claims Act in the trial, appellate and Indiana Supreme Courts, and after successfully arguing that the Boiler Inspection Act preempted product liability claims based on state law, all of the claims were resolved well within the damage limitations of the Indiana Tort Claims Act ($300,000 per claim and $5 million per occurrence.)