Molly English-Bowers Dec. 8, 2015, 12:35pm


Two Montgomery County men are suing a railroad, alleging negligence over injuries sustained at a railroad crossing during a snow storm.

Brian Irwin, a disabled person by and through next friend Michael Glisson, filed a lawsuit on Nov. 25 in Madison County Circuit Court against Norfolk Southern Railway Co., Bryan Dale Woolard and Jacon T. Wallis.

According to the complaint, on Feb. 14, 2014, Irwin was driving a truck westbound on St. John's Road in Litchfield. At the same time, a snowstorm was in progress, limiting visibility and covering the road, road signs and railroad crossing with approximately 5 inches of snow. 

Irwin kept driving westbound when, without warning, the suit says, a Norfolk Southern train collided with the truck. The lawsuit also says NSRC owns, maintains and controls the tracks and right of way and that Woolard and Wallis, the engineer and conductor, respectively, were controlling the train at the time.

The suit says the negligence of the three defendants caused the plaintiff permanent physical disability and medical expenses, loss of work and the necessity of modifications to his home. 

Irwin seeks at least $50,000 from each defendant, a trial by jury, court costs and attorney fees. He is represented by attorney Todd R. Nissenholtz of Cofman & Townsley in St. Louis.

Madison County Circuit Court case number 15-L-1531.

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