An Illinois woman has filed suit against Union Pacific Railroad Company and a Highland man, alleging her father was killed after a train hit the truck in which he was riding and which the Highland man was driving.
James Webb, Jr., was riding in a 1994 Dodge Ram driven by Guy Webb on an unmarked private road north of Route AA in Iron County, Mo., on Aug. 23, 2007, when the collision with a Union Pacific Railroad company train occurred, according to the complaint his daughter, Misty Webb, filed Dec. 3 in Madison County Circuit Court.
Because of the collision, James died and Misty incurred substantial medical and funeral expenses, the suit states.
Misty claims she also lost the love, services, companionship, comfort, instruction, guidance, counsel, training and support of her father.
Union Pacific was negligent because it failed to sound an adequate, timely and proper warning of its train's approach and because it failed to provide and maintain warning devices at the crossing that meet the appropriate standards, according to the complaint.
In addition, the railroad company failed to maintain and inspect the railroad crossing, failed to maintain a careful lookout, failed to ring a bell, sound a horn, sound a whistle or warn of its approach at least 80 rods from the crossing and failed to provide adequate and proper warning that the roadway and the crossing were extraordinarily dangerous because of the inadequate layout of the crossing, the suit states.
Misty claims Union Pacific also negligently failed to properly train its employees, violated its own rules and regulations, failed to warn and advise its employees of the dangerous condition of the crossing and maintained a crossing that was unreasonably dangerous.
Guy was negligent because he failed to keep a careful lookout, according to the complaint.
In the three-count suit, Misty is seeking a judgment in excess of $150,000, plus unspecified damages for aggravating circumstances sufficient to punish and deter Union Pacific and others from like conduct.
John G. Simon and Rachel L. Roman of Simon Passanante in St. Louis will be representing Misty.
Madison County Circuit Court case number: 08-L-1139.