(The following story by Brian Krans appeared on the Quad City Times website on June 5.)
MOLINE, Ill. — The family of a Moline woman killed in a 2005 train accident in Joslin is suing the railroad company, the engineer and conductor.
An attorney for Michael Clarr, the son of Dorothy Price, filed a wrongful death lawsuit in Rock Island County Circuit Court accusing The Burlington Northern Santa Fe Railway Co. and two of its employees of negligence.
Steve Forsberg, spokesman for BNSF, declined comment on the suit, saying it’s company policy to address the matter through legal channels.
Ms. Price, 71, Moline, was killed Nov. 27, 2005, when her car was struck by a train at the railroad crossing at the truck entrance to the Tyson Foods plant off Illinois 92, near Joslin.
The lawsuit, filed May 30, claims Ms. Price’s front tire fell off a drop-off after avoiding a semi-trailer exiting and the plant. The car became stuck on the grade crossing that didn’t have crossing arms and was struck by the train. Ms. Price was pronounced dead at the scene.
The lawsuit claims BNSF, the railroad engineer and conductor were negligent because they had ample time to stop the train but failed to do so.
They were further negligent by operating the locomotive at a unreasonably high rate of speed, and the railroad didn’t correct the dangerous drop off near the intersection, the lawsuit states.
The lawsuit claims damages in excess of $50,000. The first hearing on the case has been set for Sept. 20.