The opinion of the court was delivered by: Vollmer, Senior District Judge.
This matter is before the court on the following documents:
1. "Motion to Dismiss Due to Perjury," (doc. 1808 in Master File
5000-RV-C; doc. 139 in Individual File No.
1:94-5026-RV-C), filed by defendants Warrior & Gulf
Navigation Company and Willie Odom, together with a
supporting brief. (doc. 1809 in Master File
1:94-5000-RV-C; doc. 140 in Individual File No.
2. First Response, (doc. 1855 in Master File 1:94-5000-RV-C;
doc. 155 in Individual File No. 1:94-5026-RV-C),
filed by plaintiff Gary Lee Farmer;*fn2
3. Second Response, (doc. 1842 in Master File 1:94-5000-RV-C;
doc. 149 in Individual File No. 1:94-5026-RV-C),
filed by plaintiff Farmer;*fn3,*fn4
4. Reply, (doc. 1844 in Master File 1:94-5000-RV-C; doc. 151 in
Individual File No. 1:94-5026-RV-C), filed by
defendants WGN and Odom;*fn5
5. "Motion to Strike," (doc. 1841 in Master File 1:94-5000-RV-C;
in Individual File No. 1:94-5026-RV-C), filed by
6. Response to Motion to Strike, (doc. 1846 in Master File
RV-C; doc. 153 in Individual File No.
1:94-5026-RV-C), filed by defendants;*fn7
7. "Notice of Filing Affidavit," (doc. 1843 in Master File
RV-C; doc. 150 in Individual File No.
1:94-5026-RV-C), filed by plaintiff Farmer;*fn8 and
8. "Motion to Strike Affidavit of Barbara Braddock," (doc. 1845
Master File 1:94-5000-RV-C; doc. 152 in Individual
File No. 1:94-5026-RV-C), filed by defendants WGN and
In the early morning of September 22, 1993, certain barges in
the tow of the M/V MAUVILLA struck the railroad bridge over Bayou
Canot (the "Striking"). Defendant WGN owned and operated the M/V
MAUVILLA and the tow of barges that struck the bridge. Defendant
Odom was the person in charge of the M/V MAUVILLA at the time of
the Striking. The bridge and railroad tracks on the bridge were
owned by CSX Transportation, Inc.
The Striking displaced the bridge's through-plate girder span
and tracks in the westerly (upstream) direction such that the
east steel girder of the span was moved into the path of oncoming
Shortly after the Striking, the northbound Sunset Limited
(owned and operated by the National Railroad Passenger
Corporation (Amtrak)) struck the east girder of the Bayou Canot
bridge and derailed at approximately 2:53-2:54 a.m., CDT, on
September 22, 1993 (the "Casualty"). Neither Amtrak nor CSX
received any warning before the Casualty that the M/V MAUVILLA's
tow had struck and displaced the Bayou Canot bridge and tracks.
Traveling between 72-74 mph when the Casualty occurred, the
Sunset Limited was below the 79 mph speed limit for that class of
tracks and that type of train.
The train consisted of three locomotives, a baggage car, a crew
dormitory car, three passenger coaches, a lounge car, a diner
car, and a sleeper car. The locomotives, the baggage car, the
crew dormitory car, and two passenger cars derailed into the
water of Bayou Canot. One passenger coach, the lounge car, the
diner car, and the sleeper car remained on the Bayou Canot bridge
and railroad roadbed.
Approximately 50 persons died in the Casualty, some upon impact
and some by drowning. The Casualty was the deadliest accident in
According to the testimony of plaintiff Gary Farmer, the
assistant conductor, he and the conductor were completing
paperwork in the diner car located between the passenger cars and
the sleeper car at the time of the Casualty.
Plaintiff Farmer testified as to the extent of the impact, how
it affected him, how he gave orders to the conductor, and how he
(plaintiff Farmer) took charge of the entire rescue operation.
Plaintiff Farmer proceeded to participate in the rescue of the
Plaintiff Farmer seeks to recover damages for past and future
mental injuries only. The bulk of his alleged mental injuries
arise from Post-Traumatic Stress Disorder (PTSD); he alleges that
he is totally disabled by the PTSD he developed as a result of
II. The Motion to Dismiss
Defendants request that this action be dismissed with prejudice
due to fraud perpetrated by plaintiff Farmer on them and on the
court in this litigation. For the following reasons, the court is
of the opinion that the motion is due to be granted.
A. Plaintiff Farmer's Interrogatory Answers
On November 7, 1994, plaintiff Farmer gave the following
answers, under oath, to written interrogatories served on him by
8. Have you ever pleaded guilty to or been convicted
of any crime punishable by imprisonment in excess
of one year, or any crime involving dishonesty or
false statement? If so, please state:
(a) The nature of the offense.
(c) The county and state in which you were tried.
(d) The sentence given you.
51. Have you ever applied for or drawn social
security benefits for disability? If so, state:
(a) The nature and extent of the disability;
(b) The length of time of such disability and the
53. Please state whether immediately before the
casualty you suffered from any physical aliments
or disability. If so, describe in detail each
such ailment or disability.
ANSWER: None, excellent health.
Mot. to Dis. Ex. 6 (emphasis added).
4. If you have ever been arrested for or convicted
of any misdemeanor or felony, state the date of the
arrest or conviction, the location of the arrest
or conviction, the case number of the action, the
charge or offense involved, the disposition of the
case, and the sentence served or fine paid, if any.
5. Describe in detail your medical history for the
past ten years, including but not limited to the
name, address and telephone number of each and
every physician, clinic of [sic] hospital or other
health care provider who has treated, examined or
cared for you, the approximate dates of that
treatment, the types of treatment provided, the
reasons for that treatment and the medicines
prescribed as part of that treatment.
ANSWER: In the past 10 years, I have enjoyed
excellent health with absolutely no medical
treatment other than the required company
physicals. Since the time of the derailment, I
have been continually treated for Post Traumatic
Stress Disorder by Dr. William Osborn at the
Sassafras Hill Counseling Center and by Dr. Gary D.
Carr at the Oak Grove Clinic in Hattiesburg,
Mot. to Dis. Ex. 6 (emphasis added).
Approximately ten months later, on August 23, 1995, plaintiff
Farmer supplemented his answers to defendant WGN's
38. State the name and address of each health care
professional (including hospital) who had
provided any examination, treatment or care to
you since 1990, stating the injury or condition
for which you were treated.
ANSWER: Dr. Mark S. Seigel, MD Springhill Memorial
Hospital 3719 Dauphin Street Mobile, AL 36608 Dr.
William T. Osborn Sassafras Hill Counseling Center,
Inc. 4824 Old Highway 11 Purvis, MS 39475-9339 Dr.
Gary D. Carr, MD Oak Grove Family Clinic 4902 Old
Highway 11 Hattiesburg, MS 39402
For ten years prior to the derailment in September
1993, the Plaintiff has enjoyed excellent health and
have [sic] not had any medical treatment or
examinations other than company physicals. On the
day of the accident, he was taken to the emergency
room of the Springhill Memorial Hospital. He was
having mild pain in the left side of his lower back
and low abdomen. He had some bumps on his shins. He
was discharged on the same day from the emergency
room. He has also been treated at the Oak Grove
Family Clinic in Hattiesburg, MS by Dr. Gary D. Carr.
Furthermore, he has been treated at the Sassafras
Hill Counseling Center, Inc. by Dr. William P.
Osborn. He has been diagnosed and currently being
treated for Post Traumatic Stress Disorder
Mot. to Dis. Ex. 7 (emphasis added).
As explained below, plaintiff Farmer's answers to the foregoing
interrogatories were false.
B. Plaintiff Farmer's Criminal History
Plaintiff Farmer suggests that he had a "lapse of memory" when
he gave the false answers to the interrogatories. Such
explanation is incredulous, if only because of the sheer number
of felony convictions plaintiff Farmer amassed. However, the
suggestion that a person would forget that he had been confined
in a state penitentiary for 18 months is even more ludicrous.
C. Plaintiff Farmer's Health Prior to the Casualty and His
Application for Social Security Benefits
Not only were plaintiff Farmer's answers regarding his criminal
history perjurious, his statements that he had never applied for
social security benefits and that he had "enjoyed ...