Mother sues CSX over trestle death of her son

[Lunican]

Mother sues CSX over trestle death of her son

A train hit the youth, 17, who was fishing on the bridge.

By MARY MARAGHY, The Times-Union

The mother of a 17-year-old train accident victim is suing CSX Transportation for malpractice and negligence.

Wesley Whiddon, a Fleming Island High School football player, had been fishing May 14 on a CSX-owned railroad trestle over Black Creek, near Russell Road in Green Cove Springs, when he was struck and killed by an oncoming train. Two friends with him jumped out of the way in time.

An attorney for Angela Whiddon filed a wrongful death lawsuit against the company and supervisor Dennis Merrill.

"The death was a tragedy," CSX spokesman Gary Sease said, adding the company had yet to be served with the lawsuit papers. "The company will defend itself vigorously."

The civil suit says:

- CSX officials knew pedestrians sometimes walk on the trestle, thus train operators should have been trained to exercise extraordinary care when crossing there.

- CSX failed to close or fence off the trestle and failed to post adequate warning signs.

- The train was traveling at an unlawful and unreasonable speed.

- Train operators failed to warn Wesley Whiddon of the train's approach.

Angela Whiddon, principal at W.E. Cherry Elementary School, declined to comment.

A May 29 investigation by the Clay County Sheriff's Office said the train was traveling about 43 mph at the time of the accident. The posted speed limit on that section of track is 50 mph.

Investigators noted there were at least four "No Trespassing" signs posted in the area.

CSX engineer Brian Beaver and conductor David Jones told police they saw movement on the tracks, suspected it was a deer and began blowing the horn. Beaver said he then realized there were people on the trestle but didn't immediately put on the emergency brakes, which would risk derailment, because he expected they would jump into the water. He said children often play chicken with the train before jumping into the water. But this time, they didn't jump. Upon realizing that, he threw the brakes.

http://www.jacksonville.com/tu-online/stories/061708/met_291594542.shtml

[Lunican]

Location of accident

[Driven1]

2 ever-growing themes at play here:

1) ambulance-chasing attorneys.  
2) no personal responsibility.

[thelakelander]

I don't see them having much of a case here.  Especially if CSX has a sign at the nearest at-grade crossing that says no trespassing.

[thebrokenforum]

There are some really ugly comments about this story on craigslist.

[Driven1]

I don't see them having much of a case here.  Especially if CSX has a sign at the nearest at-grade crossing that says no trespassing.

lake...never underestimate the award-winning power of a stupid jury.  seriously.  my wife works on legal teams that defend the big, bad, mean, nasty corporations and insurance companies.  at least 85% of what they have to fight against is just complete BS.  probably 10-15% are legitimate cases where the corporation probably was at fault.  this case (even having no merits) pales in comparison to some of the other ridiculous claims i have seen.

[RiversideGator]

Hard to see how CSX could be at fault if teenages trespass onto an open and obvious danger - a railroad bridge.  I dont get this one.  The family needs to grieve rather than try and grab money.

[Jason]

Hard to see how CSX could be at fault if teenages trespass onto an open and obvious danger - a railroad bridge.  I dont get this one.  The family needs to grieve rather than try and grab money.

Isn't that a new step in the modern American grieving process?

[Driven1]

like i said guys, never underestimate the power of a stupid jury.  the momma here will definitely be paid off to go away.  her son was too popular and well-liked in the community.  heck, look at how the T-U describes him...   "who played football at Fleming Island High". 

sad state of affairs in today's litigous society.  both the ambulance chasers and the ignorant jurys (there are a few exceptions...but they are just that:  few and exceptional)

[Driven1]

see guys...THIS is the type of people that ambulance-chasers try to get on the jurys.  they do their best (and usually a good job) of eliminating people with all common sense.  what you end up with is jurys that find McDonalds liable for millions of dollars for serving hot coffee to a customer (imagine that) and find the small local business shop owner guilty of negligence because he has a floor in his building and Ms. Sue You walked and "slipped" on the floor.

now for some facts from the T-U story...

[Driven1]

The civil suit says:

- CSX officials knew pedestrians sometimes walk on the trestle, thus train operators should have been trained to exercise extraordinary care when crossing there.

Someone that works for CSX could probably confirm this, but it is my udnerstanding that it takes EXTENSIVE training to be a train engineer.  my guess is that safety would be primary.

- CSX failed to close or fence off the trestle and failed to post adequate warning signs.

from the T-U Story... "Investigators noted there were at least four "No Trespassing" signs posted in the area."  and the claim that the tressel should've been "fenced off"...prosecutors will need to show a precedent set nationwide in urban areas where all tressels are fenced in.  it won't happen.

- The train was traveling at an unlawful and unreasonable speed.

flat out lie that the defense will try to prove as true.  from the T-U:  "A May 29 investigation by the Clay County Sheriff's Office said the train was traveling about 43 mph at the time of the accident. The posted speed limit on that section of track is 50 mph."

- Train operators failed to warn Wesley Whiddon of the train's approach.

from the T-U:  "CSX engineer Brian Beaver and conductor David Jones told police they saw movement on the tracks, suspected it was a deer and began blowing the horn. "
--train horns aren't exactly quiet.

[adamh0903]

Sad situation for sure...But more "No Trespassing" signs wouldnt have done much good, More Common Sense is what is needed here. Its has tracks, its not like the train sneaks up on you...We are a people who refuse to take any responsibilty for our actions, everything is someone elses fault.

[gatorback]

2 ever-growing themes at play here:

1) ambulance-chasing attorneys. 
2) no personal responsibility.

Personal responsibility on who's part?  I've had a more then a few law classes.  Here's the deal.
When a business operates a dangerous business in the public domain, the business is responsible.

CSX will settle soon.

[thelakelander]

I guess we'll see how it turns out.  But its not like this bridge is in the middle of town.  The site is pretty isolated, meaning they would have had to trespass and walk a couple of thousand feet to reach the bridge, unless they came by boat.

[Driven1]

But its not like this bridge is in the middle of town.  The site is pretty isolated, meaning they would have had to trespass and walk a couple of thousand feet to reach the bridge, unless they came by boat.

thank you Lake.