January
19, 2001
LAWSUIT
FILED AGAINST AMTRAK AND UNION PACIFIC AFTER RAILROAD CRASH
IN DWIGHT, ILLINOIS KILLED A MOTHER AND DAUGHTER
News Article
Available
Personal
injury attorney Timothy J. Cavanagh filed today (Friday,
Jan. 19) a wrongful death action in Cook County Circuit
Court against the National Railroad Passenger Corporation
d/b/a Amtrak and the Union Pacific Railroad Company.
Becky
R. Stalling and her daughter Ryan Nichole Stalling were
killed on Sunday Jan. 14, 2001 at approximately 5 p.m. in
a collision between an Amtrak train and their vehicle. Becky
was driving the family van after picking up Nichole at a
friend's house. The collision between the van and the Amtrak
train occurred at the Brewster Road Crossing in Goodfarm
Township. THE CROSSING HAS NO WARNING LIGHTS OR CROSSING
GATES-ONLY A CROSSBUCK. Reports have indicated that it was
foggy that evening.
The
lawsuit names Amtrak and the Union Pacific Railroad Company
as defendants. Union Pacific owns and maintains the crossing.
Gregory
Stalling, the husband and father of the deceased, was named
Special Administrator for purposes of pursuing the Wrongful
Death lawsuit. The Court Number is 01 L 738. The case is
pending before Circuit Court Judge Michael J. Hogan. Immediately
after the lawsuit was filed, Cavanagh filed an Emergency
Motion for a Protective Order before Judge Hogan. The Motion
requested that all evidence, such as dispatcher audiotapes
and the speed tape recorder, be preserved and not destroyed.
Judge Hogan granted the Motion and set the matter for a
Status Hearing on Thursday, Jan. 25, 2001 at 10 a.m. in
Room 2601 of the Richard J. Daley Center.
Timothy
J. Cavanagh is the attorney for Hanifa Ajmeri, who was injured
in a crossing collision on March 9, 1998. Cavanagh settled
her case in September, 2000 for a state record amount of
$9.1million. The case was entitled Hanifa Ajmeri v. Illinois
Central Railroad Company. Mr. Cavanagh also represents Fidel
and Francisca Velarde, who were passengers in a vehicle
struck by an Illinois Central freight train on January 9,
2001. The Velarde's suffer from brain injuries due to the
collision. A lawsuit against the Illinois Central Railroad
Company was filed last week. The Velarde collision was the
subject of cover stories in all the local Chicago newspapers
and on local evening news broadcasts law week.
Mr.
Cavanagh stated:
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.
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. Gregory Stalling will live without his wife
and daughter, Becky and Ryan due to this policy of these
corporate defendants.
Mr.
Cavanagh is available to answer questions.
