A railroad company, the owners of a Waterloo farm and the family of a young farmhand who was killed by a train five years ago have quietly ended two civil lawsuits, one in state court and one in federal court, stopping the cases from going to trial.
On June 17, a judge dismissed a 2021 wrongful-death suit that David Matthews, father of the late Jonah Matthews and administrator of his estate, had filed in St. Clair County Circuit Court against Union Pacific Railroad Co. and Glendell H Farms, according to court documents.
David Matthews had petitioned the court on April 22 to approve a settlement agreement, noting that the defendants had made a “confidential” monetary offer that the family would accept.
“(David Matthews) believes it is in the best interests of the Estate and the next of kin to settle the wrongful death claims against the Defendants under the terms set forth,” the petition stated.
The Matthews family operates a farm, but Jonah Matthews, 23, of Waterloo, was working for friends at Glendell H Farms on June 14, 2019, when a train hit a tractor he was driving across railroad tracks near Fults.
In his original complaint, David Matthews alleged negligence, arguing that the railroad should have installed crossing arms, the engineer should have reduced speed and the farm should have instructed employees how to safely operate equipment, among other things.
“Defendants deny these allegations,” the April 22 petition stated.
Settlement to be divided
The settlement amount wasn’t revealed in court documents. Walton Telken, an Edwardsville law firm representing the Matthews family, will receive a third, according to terms of the agreement.
The remainder will be divided among family members, including 45% each to David Matthews and his wife, Debra, and 2% each to Jonah’s five brothers, Joshua, Jacob, Jordan, Jeremiah and Jesse.
Judge Christopher Kolker approved the agreement on May 7, canceling a jury trial set to begin Nov. 12.
“The Court finds (it) is appropriate and adequate for the settlement and release of all claims against the Defendants for the wrongful death of Jonah Matthews, based upon the facts of the case, theories alleged, damaged claimed, and evidence presented,” Kolker’s order stated.
St. Louis attorney David Nester didn’t return calls for comment. He represents Glendell H Farms and its owners, Kenneth Hartman Jr., Anita Hartman and Joann Hartman.
Troy Walton, lead attorney for the Matthews family, said the agreement limits what information can be released publicly.
“All I can say is, the matter has been settled,” he said.
Robynn Tysver, a spokesman for Union Pacific, declined to be interviewed or answer questions, but she sent an email that described legal issues with Glendell H Farms as “settled.”
Second lawsuit dismissed
Union Pacific also had filed a civil lawsuit against the farm in August 2023 in U.S. District Court for the Southern District of Illinois. It asked for $3.6 million in damages related to the derailment of its train during the 2019 accident.
The company argued that the farm’s owners were responsible for the actions of their hired hand. Investigators determined that Jonah Matthews was talking on a cellphone and failed to reduce his tractor speed or look out for trains, according to the complaint.
Nester filed an answer on behalf of the Hartmans, denying many of Union Pacific’s allegations.
“We think (the derailment occurred) because of the way they loaded the cars,” he said in a BND interview last year, noting that one engine and about 10 railcars left the tracks after the train hit Jonah Matthews.
Judge Stephen McGlynn ordered mandatory mediation. Then on April 22, the same day that David Matthews petitioned Judge Kolker to approve the settlement agreement in St. Clair County, Union Pacific and Glendell H Farms asked McGlynn to dismiss the federal case.
“All matters in controversy between the parties (have been ) settled and resolved,” stated their stipulation to dismiss.
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