SHERMAN - After a tractor-trailer drove into the path of an oncoming train and caused a collision, Kansas City Southern Railway Co. filed a lawsuit against the city of Lewisville.Driving a vehicle in such a way that it collided with the train;
According to the suit filed Feb. 9 in the Eastern District of Texas, Sherman Division, the incident occurred on May 3, 2010, when an employee of the city of Lewisville drove a tractor-trailer onto the crossing in front of a KCSR train.
KCSR argues that the city of Lewisville is responsible for the actions of its employee.
The defendant is accused of negligence and breach of duty for:
Failing to maintain a proper lookout for the crossing and for an approaching train;
Failing to yield the right-of-way to the train in question;
Failing to stop the vehicle in sufficient time to avoid the collision;
Failing to heed the railroad crossing warning signs; and
Failing to obey the audible warning from the horn on the train as it approached the crossing.
The railroad is asking for approximately $146,000 in damages for train delay costs, re-crew costs and locomotive damages costs, plus interest and court costs.
KCSR is represented by Paul O. Wickes of Wickes Law in Plano.
Case No. 4:12-cv-00069