Johnson v. Clark Gin Service, Inc.

2016 WL 7017267 (2016)


An accident that occurred at a railroad crossing.  An Amtrak (D) Train collided with a tractor-trailer operated by Alvin W. Yeates, a driver for Clark Gin (D). Plaintiffs Johnson, Dorest, Mayes, Rainey, Benefield, Wilson, and Kern, all Amtrak (D) employees, brought claims against Amtrak (D) pursuant to the Federal Employer's Liability Act. They also brought claims for negligence against Clark Gin (D) and its insurer State Farm. Plaintiff Morgan, also an Amtrak (D) employee, brought claims pursuant to FELA. Plaintiff Murphy, a passenger, bought negligence claims against Clark Gin (D), State Farm. Plaintiff Murphy also brought negligence claims against Amtrak (D), alleging that acts of negligence 'were committed by employees, agents, and/or representatives of Amtrak (D). Eight of the nine Plaintiffs in this action, employee Plaintiffs Benefield, Dorest, Johnson, Kern, Mayes, Rainey, and Wilson and passenger Plaintiff Murphy are represented by one set of attorneys. Plaintiff Morgan is represented by another set of attorneys. Amtrak (D) filed the instant motion to disqualify Plaintiffs Benefield, Dorest, Johnson, Kern, Mayes, Murphy, Rainey, and Wilson's counsel due to a conflict of interest.