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More trouble at rail crossing
(As reported in the Chicago Sun-Times, Tuesday, February 12, 2002)
By Dan Rozek
Staff Reporter

Warning gates lodged in the down position Monday at the same DuPage County rail crossing where three people were severely injured last year when their sport-utility vehicle was hit by a train while warning devices were not working.

The latest problem at the Army Trail Road crossing near Bloomingdale came just three days after a Cook County jury awarded a record $55.7 million in damages to the people hurt there Jan. 9, 2001.
Attorneys for the west suburban family members said the latest problem raises concerns about the way the Canadian National/ Illinois Central Railroad operates.

"It makes one wonder if there's a systemic problem with the railroad," said Chicago attorney Timothy Cavanagh, who represented Fidel and Francisca Velarde in their damage suit.

Fidel, 73, and Francisca, 72, on Friday were awarded $21 million in damages for permanent brain injuries they suffered when their vehicle was hit by a 4,000-ton freight train.

Their adult daughter, Lilia Apulello, 40, was awarded $34 million in damages. Apulello, who was driving the Ford Explorer hit by the train, also suffered permanent brain injuries, her attorney, John Nisivaco, said.

The three were hurt after a miscommunication between a dispatcher and a train crew sent the freight train barreling through the Army Trail Road crossing, even though lights and signals there had been shut off for repairs.

On Monday, the gates and warning lights came down, even though no train was present, blocking the crossing for about 2-1/2 hours.

A CN/IC spokesman said maintenance done Friday on the gates apparently caused electrical problems that triggered the warning devices. But spokesman Jack Burke said there was no connection between the 2001 crash and the signal problems Monday. The gates, in fact, worked as they were supposed to by blocking the crossing once the power problem occurred.

"It put them in the down position--which it is designed to do," Burke said. Railroad officials likely will appeal Friday's jury verdict, he said.

Illinois has 10,982 road-rail crossings--including 8,327 at-grade crossings where cars and other vehicles drive over train tracks.

Only Texas has more rail crossings, Illinois regulators say.


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