Supreme Court of Missouri / May 22, 2018
Sherry Spence, Respondent, vs. BNSF Railway Company, Appellant.
Sherry Spence sued BNSF Railway Company for the wrongful death of her husband, who was killed when a train struck his truck. A jury found BNSF negligent for failing to trim vegetation and for its train crew's actions, awarding Spence $20 million. BNSF appealed, arguing the trial court erred in denying a new trial based on juror nondisclosure, improper jury instructions, and denial of a mistrial during opening statements. The Missouri Supreme Court affirmed the judgment, finding BNSF waived its juror nondisclosure claim and that the jury instructions and denial of mistrial were proper.