TEXARKANA — A Bowie County couple is suing Union Pacific, alleging the defendant's train blocked fire department access to the plaintiffs' home.
Mike Wells, Theresa Wells and Germania Farm Mutual Insurance Association filed a complaint Aug. 21 in the Texarkana Division of the Eastern District of Texas against Union Pacific Railroad Company, alleging negligence.
According to the complaint, the Wells home at 2041 Presley Road, Texarkana, suffered a small fire Oct. 28, 2018. The suit states the plaintiffs were not home when the fire began, and a neighbor called 911 concerning the smoke coming from the house.
When the Texarkana and Liberty Eylau fire departments attempted to respond to the calls, the lawsuit states, firefighters had difficulty reaching the property as a Union Pacific train was blocking access. As a result of the defendant's negligence, the plaintiffs allege they were caused to suffer the loss of many possessions.
The Welleses seek trial by jury, reimbursement for policy benefits of $404,890.10, actual damages of $50,173.33, interest and all other just relief. They are represented by attorneys W. David Carter of Mercy Carter LLP in Texarkana, and Jennifer L. Munoz of the Law Office of Barry G. Hasten PLLC in Mansfield.
Texarkana Division of the Eastern District of Texas case number 5:19-CV-00108