(The San Antonio Express-News posted the following article on its website on May 13.)
SAN ANTONIO, Texas — The family of a man who died in a Union Pacific crash last year has filed a wrongful death lawsuit against the company, claiming it was negligent the day several boxcars jumped the tracks and crashed into a building.
Roger Bruening, 39, was at his desk when the train smashed into his office at the Crystal Cold Storage building Nov. 10.
Bruening jumped onto his desk and was pinned between the train and the wall behind him, according to the suit. He was conscious for several minutes and died because he couldn’t breathe, the lawsuit says.
UP employees were trying to back up several cars and were using radio communication from the brakeman and the conductor to guide the train. The suit states that UP was negligent because company officials knew radio communications at the location were problematic and undependable yet continued anyway.
Shortly after the accident, UP told the media that the company would set up a fund of at least $1 million, with no legal strings attached, to help take care of Bruening ‘s 7-year-old daughter. But UP and the family have been unable to come to terms on the money.