(The following report appeared on Toledo television station WTOL’s website on August 6.)
TOLEDO, Ohio — Nearly a year after a deadly accident in east Toledo, the city is now planning to sue Norfolk Southern railroad.
In October of 2004, Dorothy Minggia died when a 24-pound steel plate was thrown from a railroad overpass, crashed through her windshield, and hit her. After the incident, Mayor Jack Ford announced the city would put protective fencing on rail overpasses, but now the city is threatening to sue, saying the railroad is not cooperating.
Ford wanted the program to start with the Seaman Road overpass where Minngia was killed. “The city believes fervently that it should make its best effort any time the safety of the public is involved,” says Adam Loukx, an attorney for the City of Toledo.
Loukx says the city came up with a plan involving a 10-foot high, mesh fence that would surround the overpass. Loukx says the city offered to foot the $15,000 bill to pay for the improvement. However, the railroad is not responding. “They’re not saying anything. Basically, their response is silence. Obviously, we believe when issues of public safety are involved, we take it very seriously,” says Loukx.
The city says it has tried many times over the last several months to work with the railroad. In a June letter, Loukx wrote “… I would respectfully ask that your company respond, in some manner, to the lengthy chain of correspondence that has requested consent and approval for building a fence.”
So, now the city plans to sue Norfolk Southern. “If we’re forced to file a lawsuit, I think that we would ask that Norfolk Southern put it up at their expense,” says Loukx.
Dorothy Minggia’s family supports the lawsuit and wonders why the fence program has taken so long. “It’s necessary for them to have a lawsuit. It’s going to open their eyes,” said Dorothy’s daughter Jennifer. “Why is the railroad being so stubborn. Don’t they realize a life was taken?” said Dorothy’s son T.J.
Train traffic would probably have to be stopped or diverted while fence work is completed, which is something Minggia’s survivors believe the railroad can afford. “I think they should have had the fences up a long time ago. It shouldn’t took for somebody’s life to be taken for them to decide to put the fences up,” said T.J. “It’s to prevent another accident from happening. To prevent another death from happening,” said Jennifer.
Norfolk Southern Corporation told News 11 it does not comment on pending lawsuits.
Meanwhile, Jamie Pacheco, the man charged with Dorothy Minggia’s murder, was in court Friday. The judge confirmed his trial date for August 15th.