Father of girl killed by train files suit

GONZALES — A man, whose 7-year-old daughter was struck and killed by a freight train in May when she crossed some railroad tracks while headed home from Carver Park, has sued Kansas City Southern Railroad Co. and two of its employees.

Filed Thursday in the 23rd Judicial District Court, the wrongful death suit accuses the Kansas City, Mo., railroad of negligence and recklessness, alleging it should have known about a makeshift footbridge next to the tracks that was constructed from railroad ties and was commonly used to provide neighborhood residents access to the city park.

“The bridge, which was on the defendants’ property, was an open and obvious attractive nuisance for children and others to cross the railroad tracks,” the suit alleges.

The suit claims KCS and its employees could clearly see the bridge and took no “positive action” to prevent children and others from having access to cross the tracks.

The bridge crosses a ditch between the KCS tracks and a Gonzales subdivision to the east, a neighborhood where the deceased child, Shawn’Kell “Lucy” Patterson, lived. Carver Park is west of the tracks.

According to police at the time, Patterson lived on North Cedar Avenue in a house on a lot that abutted the ditch and the KCS tracks behind the ditch.

The suit also alleges the defendants operating the train failed to take precautions for the pedestrian crossing in use for many years and the company failed to instruct
employees that extreme caution should be used at the crossing.

Shawn Patterson filed the suit on behalf of his daughter, a second-grader at George Washington Carver Primary School in Gonzales at the time of her death May 1.

The suit seeks damages from the loss of Shawn’Kell’s life and for the pain she suffered before she died, as well as medical bills and funeral expenses.

In addition, the suit names KCS train operator Lester Thomas, 8705 Jefferson Highway, Harahan; and KCS brakeman Greg Swann, 117 Hideaway, Carriere, Miss., as civil defendants.

The incident occurred before 6:10 p.m. May 1, police reported at the time.

Gonzales Police Detective Sgt. Steven Nethken said
Friday that police filed no criminal charges in the incident.

Federal Railroad Administration spokesman Robert Kulat said Friday the agency’s final accident report on the incident is not complete.

The plaintiff’s attorney, Chuck Long, declined comment Friday on the litigation.

“I think the lawsuit speaks for itself,” said Long, who separately prosecutes criminal cases in the 23rd Judicial District Court as an assistant district attorney.

Doniele Carlson, KCS spokeswoman, did not immediately respond to requests for comment Friday afternoon.

The suit, which seeks a jury trial, has been assigned to Judge Ralph Tureau.

The 23rd Judicial District encompasses Ascension, Assumption and St. James parishes.

Comments

1) Comment by Shana - 16/02/2013

Is it my understanding, according to the plaintiff's lawsuit, that as many railroad tracks as there are in the United States, railroad operators and/or brakemen should know about each and every "makeshift" bridge or the likes thereof and that it should be their responsibility to slow down and monitor each and every one of them? My heart goes out to the family at the tragedy of this loss, but are they serious in this endeavor to hold the railroad responsible?

2) Comment by Woody - 16/02/2013

my guess is the attorney convinced them to file a lawsuit so kcs wold throw some money their way to keep it from ever going to court.

3) Comment by hog611 - 16/02/2013

Why didn't they swerve over when they saw the child on the tracks, or did the train move off the tracks in order to hit the child ?? Was the Driver texting instead of watching the track ? I know that it is hard to stop a Train because I have seen that on TV, but if they had slowed to a crawl and blowed the Horn !! Well, 7 years old crossing a Railroad alone ???? I thought it was some kind of Law about leaving small children alone. Where was the grownups??? Where are the Child Protection Police ?? Better yet where are the Criminal Police ?? Hope I don't have to sit on that jury !!!!! Just Saying !!!!!!!!!!!!!!

4) Comment by yDeacon - 16/02/2013

First, this is a heart wrenching story. Second, there isn't any resolution that is easy. My observation, according to the story, everyone in the area knew there were train tracks, that it was used regularly by trains. Why, as the father of this child, would he expect a faceless corporation to be more aware of his 7year old than HE was. If the train company has liability, what about the adult who should be supervising this small child ON THE RAILROAD TRACKS??!! Seems there is a whole culture now that believes it has no responsibilities, no accountability. May God help this family get through these tragic times.

5) Comment by biglsufan - 16/02/2013

My heart goes out to the family, but I have NO respect for their lawyer. This is just going to prolong the agony of the family when they have to re-live the ACCIDENT over again to lose. I can't imagine any judgement going against the railroad on this one.

6) Comment by Attila - 16/02/2013

Had the RR removed the offending bridge the outcry from the weeping and gnashing of teeth by the locals would have been front page news. I can see it now RACIST RAILROAD DENIES CHILDREN ACCESS TO PARK.

7) Comment by Bighug - 16/02/2013

Sorry about the girl, but it seems quite a stretch to blame the RR for it. If the company loses, expect every railroad crossing to be considered an attractive nuisance.

8) Comment by Woody - 15/02/2013

so does the advocate have a new policy in place to publish the home address of defendants in lawsuits? how about the address of the plaintiff, or his lawyer? why is that not part of your story?