Substantial Settlement in Du Quoin Wrongful Death Case

</element><element id="paragraph-1" type="body"><![CDATA[The Kurt E. Harris Law Firm with offices in Du Quoin and Vienna, IL confirmed today that it has reached a financial settlement for the widow and estate of Phil Kuntz, who ultimately died from his injuries resulting from an April 3, 2006 railroad crossing accident at the Lazy W Crossing near his home in rural Du Quoin.

According to the complaint filed by attorney Kurt Harris, the Railroad Crossing located at Lazy W Road was one of poor design, had extreme sight restrictions and the railroad failed to adequately warn of the train's approach, therefore making the crossing ultra-hazardous.

Attorney Kurt Harris said that he cannot discuss the terms of the sealed agreement, but confirmed that "the settlement was quite substantial and my client was very pleased with the result." Harris is a known fighter for his clients, but he intimated that it is never just about the final award. "No amount of money --- regardless of how large it may be, can ever make someone whole who has lost a loved one."

The case was originally filed by Harris in the Perry County Circuit Court in June of 2006 only to have the Canadian National/Illinois Central attorneys remove it to Federal Court in July of 2006 on a jurisdictional issue.

Attorney Kurt Harris filed a motion and brief in federal court seeking to remand the matter back to State Court in Perry County.

Seven months later he prevailed, resulting in the case being sent back to the Perry County Circuit Court in January of 2007 to start the process all over again.

Some three years, 6,000 pages of discovery evidence, numerous depositions, and trial motions later the parties reached an agreement to settle all matters as the case was placed on the spring 2010 jury trial docket. "I hope that this result brings some measure of comfort and closure to the family of my client" said Harris, "Likewise, I expect that it will serve as an incentive to the railroad to take the necessary measures to prevent these types of tragedies."

At the time Perry County Sheriff's Department investigator Mike Plumlee said Kuntz was approaching a Canadian National rail crossing from the north. The crossing is located about two miles northwest of the Sacred Heart Cemetery. It does not benefit from flashing lights nor crossing gates. Only the traditional railroad cross-hatch sign marks the crossing.

Kuntz apparently saw the westbound freight coming out of Du Quoin only at the last second before impact. Plumlee said skid marks on the pavement indicate that Kuntz tried to stop.

The train hit the Kuntz pickup truck on the front corner of the driver's side, pushed it about 60 feet, then threw it off into a shallow hollow at the side of the tracks. Authorities described the train as a short Canadian National freight train.

Emergency personnel were called. Kuntz was removed from the wreck with the help of Du Quoin firemen and Plumlee. He was taken by Pinckneyville Volunteer Ambulance Service to the Marshall Browning Hospital heliport where he was met by an emergency helicopter evacuation crew and airlifted to a St. Louis hospital, where he later died.