Articles

FAMILY OF VICTIMS IN TRAIN, VAN WRECK SUES RAIL COMPANY
(As reported in The Pantagraph)
By Michael Freimann
Regional News Editor
January 20, 2001

DWIGHT -- The family of a Dwight woman and her daughter who were killed Sunday when their van was hit by an Amtrak train at a rural Grundy County rail crossing has filed a wrongful death lawsuit against the rail passenger corporation in Chicago Circuit Court.

The lawsuit, filed Friday by Chicago personal injury attorney Timothy J. Cavanagh on behalf of Gregory Stalling of Dwight, names the National Railroad Passenger Corp., which operates as Amtrak, and the Union Pacific Railroad Company, which owns the track and crossing.

Becky R. Stalling and her daughter, Ryan Nichole Stalling, were killed about 5 p.m. Sunday in a collision between an Amtrak train and their vehicle at the Brewster Road crossing in Goodfarm Township.

The crossing has no warning lights or crossing gates and is marked only by a crossbuck.

"The lawsuit filed on behalf of Gregory Stalling will hopefully bring to light the devastating consequences of allowing railroad crossings to go without crossing gates and lights," Cavanagh said. "No crossing in this state or country should be protected by a crossbuck alone, particularly when trains are allowed to travel over the crossing in excess of 75 mph, as in this case."

The case is pending before Circuit Court Judge Michael J. Hogan, and Cavanagh filed an emergency motion for a protective order Friday. The motion requested that all evidence, such as dispatcher audio tapes and the speed tape recorder, be preserved and not destroyed. Hogan granted the motion and set the matter for a status hearing at 10 a.m. Thursday.

Cavanagh said neither defendant has been served in the case, but said he has been in contact with risk management officials from Union Pacific and Amtrak officials.

Cavanagh said Union Pacific was named in the suit because as the owner of the crossing it is the company's responsibility to insure the safety of its crossings. Officials from Union Pacific could not be reached for comment Friday evening.

Cavanagh also is the attorney for Hanifa Ajmeri, who was injured in a crossing collision on March 9, 1998. Cavanagh settled her case in September for a state record amount of $9.1 million.

He also represents Fidel and Francisca Velarde, who were passengers in a vehicle struck by an Illinois Central freight train on Jan. 9. The Velardes suffer from brain injuries due to the collision. A lawsuit against the Illinois Central Railroad Company was filed last week.