A Texas appeals court on Tuesday erased a roughly $73.5 million judgment awarded to a woman who was struck by a Union Pacific freight train in downtown Houston in 2016, ruling that the trial judge used the wrong legal standard for a trespasser and ordering a new trial.
Appeals Panel Says Jurors Were Misled on the Law
The Court of Appeals for the First District reversed the trial court's judgment and sent the case back for retrial, holding that the jury charge improperly let jurors consider Union Pacific’s liability under ordinary negligence instead of the higher gross-negligence standard required for most trespassers under Texas law. As detailed in the court’s opinion posted on Justia, the panel concluded the judge erred in the instructions given to the jury.
How the Collision Unfolded
According to the trial record and the appellate opinion, Mary Johnson sat down on the tracks near the Lyons Avenue crossing in Houston’s Fifth Ward on the night of March 4–5, 2016, and fell asleep in a seated position. The train crew had already sounded the horn and crossing gates were lowered before they later identified an obstacle on the tracks. Medics recorded Johnson’s blood-alcohol concentration at about 0.197, and she suffered severe brain injuries and the loss of limbs after the impact. The Houston Chronicle summarized those details from the trial record and the appeals ruling.
Jury Verdict, Reduced Judgment and What Is at Stake
In 2023, jurors returned a verdict that added up to roughly $557 million, according to contemporaneous reporting by KPRC Click2Houston. The trial court later applied proportionate-responsibility rules and statutory caps on exemplary damages, ultimately entering a judgment of about $73,470,977.40. The appeals panel has now reversed that judgment and sent the case back for a new trial, as set out in the court's opinion, which is available on Justia.
Union Pacific's Response and Safety Reminder
Union Pacific said that crossing lights, gates and bells were activated and that the crew sounded the horn and applied emergency brakes once they identified a person on the track. The company added that trains can need "hundreds of feet to more than a mile" to stop and urged people to stay off railroad property. Local coverage of the decision relayed the railroad’s statement and the court’s description of the train’s approach and braking sequence, as reported by the Houston Chronicle.
What This Means Legally
Texas law treats most trespassers differently from invitees. Under Section 75.007 of the Civil Practice and Remedies Code, a landowner "owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence." By holding that the gross-negligence standard governs here, the appeals court effectively raised the bar Johnson must clear at retrial compared with the ordinary-negligence standard the jury was originally asked to apply.
What Is Next
The case has been remanded to the trial court for scheduling of a new trial. It is not yet clear when that retrial will take place or whether either side will seek further review. The appeals opinion and local reporting will frame the next round of filings and scheduling in Harris County.
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