HOUSTON — A tractor trailer driver allegedly struck by a Port Terminal train is claiming negligence.
Chenise J. Smith filed a complaint April 2 in Harris County District Court against Port Terminal Railroad Association, Indeos Americas LLC and Ineos US Inc., alleging negligence and premises liability.
Smith, according to her complaint, was operating a tractor trailer that was traveling on Channel City Road in Harris County on June 13, 2022. She claims she crossed two separate railroad tracks and while crossing the second set of tracks, her trailer was suddenly struck by an oncoming Port Terminal train.
She further claims she was ejected from the trailer and was life flighted to Memorial Herman after suffering severe injuries including fractured ribs, injury to her eye, chest, nose and arm. Smith alleges that the second set of tracks was not guarded by a traffic signal, arm bars or level crossing signals and that she could not hear or see the oncoming train.
She claims the defendants' locomotive driver failed to engage the train's breaks, failed to sound its whistle for warning and did not control the train's speed. She also claims the defendant failed to properly train its employees, have proper safety procedures or follow applicable laws.
Smith seeks monetary relief of more than $1 million, interest, trial by jury and all other just relief. She is represented by Kurt Arnold, Caj Boatright, Roland Christensen and Claire Schindler of Arnold & Itkin LP of Arnold & Itkin LLP in Houston.
Harris County District case number 2023-21153