HOUSTON — A Houston motorist is suing train operators, alleging their negligence led to the plaintiff suffering injuries.
DeWayne Davis filed a lawsuit Dec. 28 in Harris County District Court against BNSF Railway Company, The Kansas City Southern Railway Company and Union Pacific Railroad Company, alleging failure to provide adequate safety measures to direct traffic movement.
According to the complaint, on Jan. 2, 2015, Davis was driving southbound on the 13200 block of Fondren Road in Houston approaching a railroad crossing when a BNSF engine traveling eastbound struck the plaintiff's vehicle. The suit says Davis sustained serious injuries that resulted in physical and mental pain, and medical expenses.
The plaintiff alleges the defendants failed to properly use the safety crossing signals and failed to warn traffic against a train or engine approaching.
Davis seeks trial by jury, compensatory damages of more than $70,000, pre- and post-judgment interest, costs of court and all other just and proper relief. He is represented by attorney Alan J. LeVar of Law Offices of Alan LeVar in Arkadelphia, Arkansas.
Harris County District Court Case number 2016-88211