EDWARDSVILLE - A case management conference is set Sept. 27 in a dispute that began with a train crashing into a car on a track in Greene County in 2015.
Tania Probst sued a railway company, a transportation firm, and two drivers following the crash on County Road 460 East in Hillview.
The Kansas City Southern Railway Company, CSX Transportation Inc., Timothy R. Parker and Richard E. Ninness, all claim in various ways that the plaintiff distracted the driver, the vehicle was driven towards the railway tracks as the train approached, and those in the car failed to heed warnings.
But defendants are also arguing to have the case transferred to Greene County, the site of the accident and the residence of the plaintiff.
Following the filing of motions on the issue in December 2017, Ciruit Judge Dennis Ruth suggested he would wait until after discovery is complete before making a decision.
Essentially, the plaintiff argues that Madison County is the proper venue because all the defendants reside in the county and that the plaintiff and the driver were brought to a hospital in St. Louis, which is closer to Madison County than Greene County.
But defendants argue that the "deference to plaintiff choosing is diminished" because the incident did not happen in her chosen forum, and where she does not reside.
Further, all of the witnesses, including first responders, are all residents of Greene County, the defense argues.
In their filing, the defendants say that residents of Greene County have an interest in the case being heard in its court, particularly as they are the ones more likely to cross the track.
The plaintiff is represented by Michael P. Glisson and Timothy J. Chartrand of Williamson, Webster, Falb & Glisson in Alton.
The defendants are represented by Michael Nolan and Stephen B. Beshore of Husch Blackwell LLP of Clayton, Mo.
Madison County Circuit Court case number 17-L-916