HOUSTON - Union Pacific Railroad is blamed for the crash that killed a 15-year-old in southeast Houston.
The parents of Sergio Rodriguez sued the company Dec. 10 in Harris County District Court, alleging negligence led to the Dec. 9 death of Sergio Rodriguez. Reports say Rodriguez was about one-fifth of a mile from where caution arms operate when he tried to cross tracks near Milby High School.
It was also reported that Union Pacific plans to build a pedestrian bridge at an estimated cost of $6.5 million, as students have a habit of crossing the tracks to make it to class.
"The area where the incident occurred is a well-known pedestrian crossing frequently used by residents in the community, including students walking to the local high school," the lawsuit says.
"It was reasonably foreseeable to Defendants that individuals, including minors like Sergio, could be present in this area, particularly in the early morning hours when students are crossing the tracks on their way to school.
"At no point was there any fencing or other barriers preventing Sergio and others from crossing at the location where the incident occurred."
The lawsuit says Union Pacific staff failed to sound the train's horn prior to striking Rodriguez, in violation of state and federal regulations. It also alleges the train was operated at an excessive and unreasonable speed, without a proper lookout.
The lawsuit seeks damages of several varieties, including for Rodriguez's pre-death pain and suffering. His parents say they will lose his services and support and have suffered emotional distress and mental anguish.
The suit also makes a claim for punitive damages "because Defendants acted with willful and wanton disregard for Sergio's safety."
Ryan Zehl and others at Zehl & Associates in Houston filed the case, along with Richard Nava of Nava Law Group in Bellaire.
Zehl certainly has a history of major verdicts and settlements, including $85.7 million for a refinery worker who suffered a traumatic brain injuries when he fell from a scaffold.