MADISON - ST. CLAIR RECORD

The surviving spouse of a man killed on a railroad crossing in Franklin County, Mo. is suing BNSF Railway and its employee in St. Clair County Circuit Court.

Patricia Fuller claims a train conductor failed to sound an adequate warning before her husband, Douglas Fuller, was struck in his Ford Explorer at a grade crossing on Dec. 22, 2005. Her daughter, Anne Fuller, was a passenger in the vehicle and sustained serious injuries.

Anne Fuller, a co-plaintiff, claims traumatic brain injury, spleen laceration, internal bleeding and emotional and psychological injuries in the suit filed Aug. 14.

"As a direct and proximate result of the aforementioned negligent acts and omissions, plaintiff Anne Fuller was caused to sustain physical pain and mental and emotional anguish," the complaint states. "Plaintiff Anne Fuller has suffered extreme pain, mental anguish, humiliation and severe permanent disability and such conditions will continue in the future."

BNSF employee Samuel C. Williams of St. Clair County also is named as a defendant. His job assignment was not listed in the complaint.

"Defendant failed to maintain warning devices at the crossing that meet the appropriate standards required for the maintenance of a reasonably safe crossing as required...," the complaint states. "Defendants' failure to maintain adequate warning devices made the crossing at the time of the collision an extra-or ultra-hazardous crossing."

Among other allegations, Fuller claims the defendants "failed to ring bell, sound horn, sound a whistle or otherwise sound a warning at a distance of at least 80 rods from the crossing and keep ringin until having crossed through the crossing as required..."

"Defendants violated its own rules and regulations as related to the safe and proper operation of its train and railroad system," the complaint states.

"Defendant BNSF failed to warn and advise its agents, servants and employees of the dangerous condition of the crossing."

The four-count suit seeks at least $200,000 in compensatory damages, punitive damages, pre-judgment interest, costs, other relief which may be just and proper and a jury trial.

The Fullers are represented by John G. Simon and Jamie L. Boock of Simon Passanante in St. Louis.