BELLEVILLE — Amtrak and BNSF Railway are facing a wrongful death suit by the estate of man who was struck and killed by a train at a crossing in Bureau County.
Kayla Jo Frese, individually and as administrator of the Estate of Andrew John Frese, filed a complaint Nov. 18 in the St. Clair County Circuit Court against National Railroad Passenger Corporation, doing business as Amtrak, BNSF Railway Company, doing business as BNSF Railway, doing business as BNSF and Iowa Interstate Railroad LTD, doing business as LAISRR, Peter Hermes and Sandra Hermes, alleging wrongful death and negligence.
Andrew Frese was employed as an agricultural worker for AG View FS Inc., according to the complaint. The plaintiff alleges that on Nov. 22, 2018, Frese, who was 25 years old at the time, was driving a farm tractor and was towing an ammonia tank for a client across a railroad crossing located in the Wyanet Township in Bureau County. The plaintiff claims that while driving over the railroad crossing, Frese was struck and fatally injured when an Amtrak train traveling westbound collided with his tractor.
The plaintiff claims the railroad crossing posed a danger due to trees, shrubs and vegetation next to the railroad crossing that obscured the line of site and due to the "extremely steep" grade at the crossing. The plaintiff also alleges that the train operator failed to timely sound an audible warning or apply brakes.
The plaintiff seeks compensation of more than $50,000 and all other just relief. He is represented by Joel Brown of Joel Brown PC in Peoria.
St. Clair County Circuit Court case number 20-L-0935