GREENEVILLE, Va. — A Kingsport couple have filed a $950,000 federal lawsuit against Norfolk Southern Railway Co. claiming the railroad failed to maintain a safe crossing at Snapps Ferry Road in Greeneville, the Kingsport Times-News reported.
Franklin and Frances Kiser filed the lawsuit on July 31 in U.S. District Court in Greeneville naming Norfolk Southern as the defendant.
According to the lawsuit, on Aug. 2, 2001, Frances Kiser and her sisters, Louise Birchfield and Gene Carol Williams, traveled to Greeneville to see a friend. Williams was driving, and the three were traveling on Burns Street in Greeneville.
“As their vehicle approached the intersection of Burns Street and Snapps Ferry Road, the traffic light turned to red, and they stopped at the intersection and waited for the light to change,” the lawsuit states. “While they were waiting … a Norfolk Southern train rounded the bend heading directly toward their vehicle. Within seconds, the train struck the vehicle, knocking if off the tracks and flipping it onto its side in a ditch.”
As a result of the accident, Kiser fractured her left ankle, cheekbone and pelvis and suffered contusions to her chest and liver, the lawsuit states.
“Kiser now has permanent impairment and disability as a result of the injuries she sustained in the accident,” the lawsuit states.
Kiser claims that Norfolk Southern failed to maintain a safe railroad crossing and failed to erect and maintain appropriate warning signs.
Kiser also claims the railroad failed to maintain a coordination between the active control system and the traffic control system, which caused the vehicle in which she was riding in to become trapped in the intersection.
Norfolk Southern filed a response to the lawsuit last month denying Kiser’s accusations, saying the vehicle she was riding in was on the railroad grade crossing and blocking the tracks at the time of the accident.
“The car of Williams came to a stop upon the railroad grade crossing at the Burns Street crossing in Greeneville so that the track was blocked and obstructed,” the response states. “Gene Williams is guilty of negligence in that she brought her vehicle to a stop upon the railroad crossing when the train was approaching.”
Norfolk Southern said the accident could not be avoided and that Williams did not move her vehicle after the train’s approach.
“The crew in charge of (the train) sounded the whistle, rang the bell and the locomotive had its lights illuminated, all of which signaled and warned of the approach of the crossing,” the response states.
Kiser is asking for $750,000 in damages, and her husband is seeking $200,000. Norfolk Southern is asking for the lawsuit to be dismissed.