Six-figure sum for train death

The widow of a commuter killed by a train as he walked home along a main line after missing his stop has accepted a six-figure sum in settlement of a claim for damages.

Kay Burden agreed to the undisclosed amount in an out of court settlement over the death of her husband of 17 years, Nigel Burden.

A judge heard Mr Burden, 41, fell asleep after a night out in October 1998 and mistakenly got off his Kent-bound train at a stop not intended for public use.

Mrs Burden's counsel, Richard Lissack QC, told Mr Justice Owen that Railtrack and Connex South Eastern, who denied liability, had agreed to settle rather than go to trial.

Fell asleep on train

Mr Lissack described how Mr Burden, a finance director in London, had been out with friends and "although they had been drinking, Nigel was not drunk".

He said Mr Burden's friends had been unable to wake him after he fell asleep on the train from Charing Cross and he missed two stops.

The train later pulled up at Hoo Junction staff halt, a short platform intended only for use by rail staff.

Mr Burden, who was travelling in the front carriage and so could access the platform, got out "presumably thinking this was the next proper stop", said Mr Lissack.

Travelling at 70 mph

He was left marooned on the platform and decided to walk up the electrified main line rather than wait for another train.

Mr Lissack said: "He was struck head-on by the 2257 BST London to Gravesend train travelling towards him at about 70 mph."

Mr Lissack said the question of liability would have made the case difficult at trial.

Mr Justice Owen approved a payment of £5,000 each to Mr Burden's two sons David, now 16, and Jack, now 13.

Mrs Burden's solicitor Alison Brooks said after the hearing: "Mrs Burden's priority in bringing the claim was to ensure that another tragic accident would be avoided."