New Baden and railroad sued over crossing fatality

Kelly Holleran Sep. 4, 2008, 8:54am

Martha Edwards has filed a suit against Norfolk Southern Railway Company and the Village of New Baden, alleging her husband died due to a collision with a train.

According to a complaint filed in St. Clair County Court Aug. 29, Martha claims Jonathan M. Edwards, her husband, was driving a vehicle north on Richter School Road where it intersects with Norfolk Southern Railway on July 9.

She claims a Norfolk Southern Railway train was heading west and collided with the vehicle Jonathan was driving.

He died as a result of injuries he sustained in the collision, the lawsuit states.

Martha claims Jonathan's death caused his next-of-kin to be deprived of his support, companionship, care, love and affection.

She claims Norfolk Southern Railway Company was negligent because it failed to timely install flashing warning signals, failed to adequately warn motorists of an approaching train, failed to equip the crossing with gates, drove its train at a speed that was not reasonable, failed to stop or slow its train to avoid a collision and failed to install temporary stop signs until a flashing signal had been installed.

She claims the Village of New Baden was also negligent because it failed to maintain the road in proper and safe condition and failed to install a temporary stop sign at the crossing.

In the three-count lawsuit, Martha is seeking a judgment in excess of $150,000, plus court costs.

She is represented by Bruce N. Cook of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville.

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