Lawsuit filed in death at inoperative railroad crossing –

July 15, 2010

I was wondering what happened to this personal injury case and I am surprised to see that it has come to a lawsuit. When I heard about the fact that the warning signal was turned off, I figured that the companies will pay up rather quickly. On the other hand, I did not know that the victim was stopped on the tracks in response to traffic. So, I can see the argument of contributory negligence here where the companies would say, even if we failed in our responsibilities, any reasonable person would think it would be a bad idea to stop on the tracks–regardless of whether the signals are blinking or not: that is simply not a reasonable thing to do.

The family of a Chicago dance instructor who was killed by a train at an inoperative rail crossing in University Park three months ago filed a lawsuit Wednesday against two railroads responsible for maintaining the crossing.Katie Ann Lunn, 26, was killed April 16 when an Amtrak train traveling 79 mph struck her SUV, which was stopped on the tracks in heavy traffic near Stuenkel Road and Governors Highway in the south suburb.An ongoing investigation led by the Federal Railroad Administration has determined that before the crash, the flashing lights, bells and crossing gates at the crossing had been inadvertently turned off while repairs were being made.

via Lawsuit filed in death at inoperative railroad crossing –

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