Clifford Law Offices Settles Case For $15.504 Million in a Global Settlement

Clifford Law Offices settled a personal injury case for $15 million on behalf of an Illinois woman who was severely injured and her husband who was killed while vacationing in New Mexico two years ago.  The elderly couple had just retired and were celebrating the first day of their retirement in a driving trip across the west coast.

Robert A. Clifford and Jeffrey J. Kroll, partners at Clifford Law Offices, settled the matter in federal district court in New Mexico in a global settlement involving Union Pacific Railroad Company and a number of trucking firms on behalf of the Dutlers of Charleston.

The couple were traveling on Interstate 40 when a fire caused by railroad employees raged out of control, covering the lanes with dense smoke.  As a result of the “white out,” a trucker abandoned her vehicle, blocking both lanes, causing a multi-car pile-up.  David Dutler, 64, was killed and Janet Dutler, suffered a below-the-knee leg amputation, fractured ribs which resulted in a tube being placed in her chest as well as several broken bones in her legs and arms.

“Officials at Union Pacific knew they had a fire raging out of control and should have taken immediate steps to protect motorists and others in the vicinity from the serious dangers arising from this situation,” Clifford said.  “This tragedy was avoidable had Union Pacific and the truckers notified proper authorities who could have helped them get the fire under control and warn unsuspecting motorists.”

Clifford Law Offices received $2.3 million two years ago on behalf of the estate of David Dutler and obtained the additional $12.7 million Friday when the court approved the final settlement.

“Janet Dutler lost everything in this tragic incident – her husband, her health and all that she and her husband had been looking forward to in their golden years,” Kroll said after the settlement.

J. Ryan Potts, an associate at Clifford Law Offices, also worked on the case which involved the depositions of more than 120 people.