TheDenverChannel.com










Call7 Investigators

Foreman In Missy Martin Case: Judgment Could Have Been Higher

Richard Maggio Says $11 Million Verdict Was To Send Strong Message To Union Pacific

POSTED: 3:39 pm MDT July 19, 2005
UPDATED: 5:47 pm MDT July 21, 2005

They sent an $11 million message to one of the most powerful railroads in the country. For the first time since rendering a verdict in the Missy Martin trial, the jury foreman explained what happened behind closed doors.

Some people have said this jury was too generous to Martin but the jury foremen disagrees, saying Union Pacific must change the way its crews react at rail crossings or face even larger verdicts.

Richard Maggio was one of six Douglas County residents determining the responsibility for the crash between a car and a train -- a crash between Martin and Union Pacific.

"I feel the same way as I did that day, and that was it was the right thing to do," he said.

In the courtroom, attorneys for the now 19-year-old former cheerleader argued that the railroad crossing was dangerous and the railroad crew was negligent for failing to stop the train before the violent collision.

The judgment in favor of Martin was intended to say to Union Pacific that the way they're doing business was not acceptable, said Maggio.

"Now, whether or not they get the message, I don't know. I can't guarantee that," said Maggio.

According to Maggio, jurors were appalled by the train crew's lack of action, by their decision to not slow down or stop the train.

"A lot of the time, I couldn't believe what I was hearing," he said. "The message is, 'Excuse me, railroad. You need to re-look this because what you did here is unacceptable. You need to do something when you see a problem.'"

7NEWS spoke with Maggio at the site of the crash, at Fifth and Front streets in Castle Rock.

"It's definitely unacceptable that they did not even slow that train down," he said.

He said there's no doubt in his mind that the train could have been stopped before it reached the intersection.

"No doubt in my mind whatsoever. They had plenty of time to stop," he said.

The trial lasted eight days but the jury needed only six hours to reach its verdict.

He admits $11 million judgment sends a strong message.

"Personally, I felt it could have been stronger, you know," he said, saying that he would have agreed to giving Martin more money.

According to Maggio, the pictures of the crash, the facts and the testimony of the train crew all contributed to convincing the jury of Union Pacific's responsibility. He said the only issue debated in the jury room was how much the railroad should pay.

"The railroad was 100 percent wrong in our minds, 100 percent. Doing nothing is not acceptable. However, Missy shouldn't have been there to begin with. That's where we definitely negotiated some of the dollar amounts," Maggio said.

In the end, Maggio said, the jury compromised on the financial award but succeeded in sending a strong message to Union Pacific and handing down one of the most expensive railroad crossing judgments in Colorado history.

"I was not leaving that jury room unless I knew that I did everything possible to prevent another Missy Martin situation," he said.

Immediately following the verdict, attorneys for Union Pacific announced their intention to appeal the verdict. They said they would not comment on the case until the appeal process is complete.


Sponsored Content
Find out how a little planning for holiday shopping can save you cash and help you avoid big credit card bills. More

Before you hire a professional inspector learn to do your own pre-inspection to spot potential problems. More

Ever wonder which cars people are buying the most? Find out here as we count down America’s top 20 sellers. More

Learn how to melt off the pounds with meal plans and exercises from Jillian Michaels of TV’s Biggest Loser. MoreClick Here

Sponsored Links

Desktop Alert

Colorado's Geographic Regions
Questions come in all the time about where the different regions of Colorado are. Here, you can learn where to find the foothills versus the plains and the different mountain areas. More