Madison - St. Clair Record

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Driver alleges train struck vehicle while attempting to cross tracks

By Noddy A. Fernandez | May 25, 2017

EDWARDSVILLE — A driver and his minor son are suing a railroad company and two of its employees, alleging their vehicle was struck by a train while attempting to cross the tracks.

Gregory Lawson, individually and as father and next of friend of Aaron Lawson, a minor, filed a complaint on May 12 in the Madison County Circuit Court against The Kansas City Southern Railroad Company, CSX Transportation Inc., Timothy R. Parker and Richard E. Ninness, alleging the defendants failed to operate and maintain their tracks and equipment with due regard for the safety of others.

According to the complaint, the plaintiffs allege that on June 29, 2015, Gregory Lawson was driving his vehicle across the defendant's tracks near Hillview on County Road 460 East, approximately 60 feet south of Railroad Street, when he was struck by a train. 

As a result, the plaintiffs allegedly sustained injuries, suffered severe and permanent injuries, loss of a normal life and incurred medical bills. 

The plaintiffs allege the defendants failed to signal the approach of their train, failed to keep and maintain a constant and vigilant lookout and failed to timely apply emergency brakes.

The plaintiffs request a trial by jury and seek judgment for an amount greater than $50,000 plus costs of action and such other further relief to which the court deems just and proper. 

They are represented by Brian M. Wendler and Angie Zinzilieta of Wendler Law PC in Edwardsville.

Madison County Circuit Court case number 17-L-643

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