Yerrid, Knopik, & Krieger Tampa, FLorida, law firm
Jury awards millions in dad's death
Almost $4-million went to the truck driver's children for loss of parental guidance

By BILL DURYEA
Times Staff Writer

      TAMPA - A Hillsborough County jury has awarded nearly $4-million to the family of a truck driver killed at a train crossing in 1989, designating most of the award as compensation to his two children for the intangible loss of his parental guidance.
      The family of John Kevin Trimble, 33, sued Amtrak and CSX, the company that owns the railroad crossing and the track itself, in 1992, alleging that the two companies were negligent in the maintenance of the track.
      The weeklong trial in Hillsborough Circuit Court ended with four hours of deliberation late Wednesday. Trimble's children, who are 7 and 9 years old now, were awarded $1.5-million each for the loss of parental guidance and companionship and $475,000 each for the loss of his economic support.
      Steve Yerrid, who represented the family, said the award represents the jury's attempt to put a value to his children.
      "It's one of the most significant losses a human being can endure," Yerrid said. "They give us wings, but they give us our roots, too."
      Trimble, 33, was making a delivery to a business outside of Orlando on Oct 5, 1989, when his truck became stuck straddling the crossing. An Amtrak train traveling about 60 mph struck his truck, strewing dog food about one-quarter mile down the road.
      Amtrak argued that Trimble's truck had stalled because he didn't use the proper gear when climbing the grade. Yerrid said the truck became stuck in potholes that should have been filled in.
      In the end, the jury found Trimble 70 percent responsible for the accident, which will ultimately cut the award to his children to about $1.25- million, Yerrid said.
    It was not clear late Thursday whether Amtrak with appeal the verdict.

9/9/94

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