HOUSTON — A train operator injured in a crash when a tractor-trailer driver's load became stuck at a railroad crossing is claiming negligence.
Anthony Hammond filed a complaint Aug. 26 in Harris County District Court against Ability Transport, Karen Rodriguez doing business as Ability Transport, John C Galan and Ricardo A. Rodriguez alleging negligence.
Hammond alleges in his complaint that Rodriguez, who was working for Ability Transport, was operating a tractor-trailer owned by Galan on Oct. 16, 2020. He alleges Rodriguez was hauling an excavator across the railroad tracks at Nash Road near LA HIGHWAY 5 In De Soto Parish, Louisiana when the trailer got stuck on the tracks. Hammond claims the train he was operating crashed into the trailer and excavator that was left on the tracks and caused him to suffer injuries to his back, lower extremities and other parts of his body.
Hammond also claims Rodriguez failed to yield the right of way and did not make sure the tractor-trailer "had sufficient clearance" to make it across the railroad crossing. He further claims Rodriguez did not have a permit to travel on Nash Road where the crash occurred and that the crossing grade was too steep for Rodriguez's load. Hammond also alleges the negligence of Ability Transport and the other defendants for entrusting Rodriguez to operate the tractor-trailer without proper training and supervision.
Hammond seeks monetary relief of more than $1million, interest and all other just relief. He is represented by Clint McGuire of Martinze & McGuire PLLC in Houston.
Harris County District Court case number 2021-53923