Family Claims Wrongful Death After Man Hit by Train ~ OPOLAW Injury Blog

Monday, February 16, 2009

Family Claims Wrongful Death After Man Hit by Train

Fred Stark was visiting Las Vegas for his daughters wedding when he was killed as he crossed the train tracks on the way to a city garbage transfer station. The family of Stark has sued Burlington Northern Santa Fe Railway, Amtrak, Las Vegas, San Miguel County and Ride to Pride Partnership contending Stark’s line of sight was blocked and he could not see an approaching train. The lawsuit accuses Amtrak of gross negligence, seeks damages for wrongful death and negligent infliction of emotional distress. The lawsuit alleges that because vegetation blocked Stark's view, he did not see the train approaching at an "unreasonably" high rate of speed on the tracks, owned by BNSF. The lawsuit also contends the engineer failed to sound the horn and bell in time to warn Stark, and the crew failed to brake or otherwise slow the train to avoid a collision.

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