Opening statements were heard from attorneys and witnesses who took the stand last week in the lawsuit jury trial between John Davis Trucking, Amtrak and Union Pacific over the June 24, 2011 semi-truck/train crash 70 miles east of Reno that killed six people and left dozens injured.
The trial, which is being held in the U.S. District Court in Reno, kicked off Aug. 4 and is expected to last six weeks.
John Davis Trucking is owned by John Davis and his brother Shane Davis, both of Battle Mountain.
John Davis Trucking, Union Pacific and Amtrak have sued each other over the crash that was concluded by the National Transportation Safety Board (NTSB) in December 2012 to have been most likely caused by truck driver Lawrence Valli, who was inattentive and had a history of speeding violations and driving a tractor-trailer with faulty brakes, according to the Associated Press (AP).
Valli was killed in the fiery crash when his Peterbuilt semi-truck crashed into Amtrak's California Zephyr on U.S. 95.
John Davis Trucking attorneys told jurors Aug. 5 that Union Pacific officials manipulated or destroyed evidence that would have proved the accident was a result of the crossing gate and warning lights malfunctioning, reported the AP.
They said photos taken after the crash show the gate arm was replaced despite Union Pacific's claims that minor damage occurred in a separate incident months earlier.
John Davis Trucking attorney Steve Jaffe was unable to be reached for comment by deadline.
However, he said previously when the case was heard in the Washoe County Second Judicial District Court, "We believe there is strong evidence that the gates did not properly function, as we demonstrated to the court."
At that time, Washoe District Judge Scott Freeman ruled March 13 that there was no proof Amtrak or Union Pacific tampered with evidence at the scene of the crash.
An attorney for Amtrak, which is seeking $11 million from John Davis Trucking, said in court last week that evidence will show that Valli ignored the functioning and flashing gates and whistle blasts before the crash.
Amtrak Spokesperson Steve Kulm said the company would not comment outside of the courtroom.
"(Union Pacific) moved evidence," Jaffe said in court, according to the AP. "They did not preserve the scene even though they knew NTSB required them to do so. It was all to hide the fact the gates and the lights were not functioning properly and that's why this accident happened."
Union Pacific spokesperson Mark Davis said outside the courtroom Aug. 7, "We strongly disagree with the allegations and are vigorously defending ourselves in court."
The truck's black box data recorder was too badly damaged to show the truck's speed or the brake status at the time of the crash but the NTSB ruled Valli may have been fatigued and suffering from ankle pain and was possibly checking messages on his cell phone at the time of the crash.
Board members said they ruled out malfunctioning safety equipment because time-lapsed photography showed the gate fully extended four seconds before the accident, according to the AP.
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