A tragic accident involving a Union Pacific Railroad locomotive has led to a significant lawsuit filed in Harris County, Texas. On August 30, 2024, Michele McKeever Weth, individually and as the representative of the estate of Michael Joseph Weth, along with Brian Michael Weth and Mindy Weth Fryer, filed a complaint against Union Pacific Railroad, Joseph Robert Bastron, and Ruben Marquez.
The plaintiffs allege that on November 23, 2023, Michael Joseph Weth was fatally injured while moving farm equipment across a train crossing on his property at 2340 Killian Road in Winchester, Texas. The complaint states that Michael Joseph Weth was struck by a Union Pacific Railroad locomotive operated by defendants Bastron and Marquez. The plaintiffs argue that the defendants failed in their duty of care by not properly training their employees, failing to warn of the train's arrival timely, and not operating the locomotive safely. "Defendants breached their duty in many respects," the complaint reads, listing failures such as improper braking application and inadequate lookout.
The plaintiffs are seeking damages for mental anguish, loss of companionship and society both past and future, loss of consortium, pecuniary losses, and loss of inheritance. They also seek compensation for funeral and burial expenses as well as pain and suffering endured by Michael Joseph Weth before his death. The total monetary relief sought exceeds $1 million.
Represented by attorney Michael C. Howard from Houston, Texas, the plaintiffs are demanding a jury trial. The case is being heard in Harris County District Court under Case ID 2024-58387.