×

Jury finds CSX not at fault for injury

Johnstown resident severely hurt when struck by freight train

A federal jury in Johnstown this week found a CSX Transportation Inc. crew not negligent in its operation of a freight train that struck and severely injured a pedestrian attempting to cross the tracks at Ferndale Avenue near Bridge Street.

The plaintiff in the case, Jonathan Lopez, 34, a native of New York City, was living in Johns­town on Jan. 18, 2013, when the accident occurred.

Lopez, according to the civil complaint filed in the U.S. District Court in Johnstown, was walking on a sidewalk that led across a single track.

He failed to see or respond to the oncoming train, which was traveling an estimated 11 to 14 mph when he was struck.

He was seriously hurt in the accident and lost his left leg below the knee as well as suffered a traumatic brain injury.

The plaintiff was seeking close to $2 million in damages that included $1.1 million for lifetime prosthetic costs.

As the plaintiff’s case ended, the CSX legal team, led by Kendra L. Smith of Canonsburg, requested U.S. District Judge Kim R. Gibson to issue a directed verdict, contending that Lopez, represented by attorney Nicholas I. Timko of New York, had not shown the railroad crew was negligent in its operation of the train by failing to stop or slow down prior to the collision with Lopez.

Judge Gibson refused to issue a directed verdict, but did bar the imposition of punitive damages by the jury.

The jury, after asking two questions, returned with the verdict slip which found CSX not negligent.

The plaintiff argued CSX train crew “failed to exercise reasonable care,” noting that the train was traveling in excess of the 11 mph speed limit.

The plaintiff’s pretrial statement indicated the crew “chose not to reduce speed to the speed limit or below or to stop the train and avoid striking and running over the pedestrian.”

The day of the incident was cold with some snow on the ground.

CSX contended Lopez was more than 51 percent responsible for the accident because he was walking with his head down while listening to music on his cellphone.

The crossing included flashing light signals, warning symbols, yellow railroad crossing signs and a sign indicating a train right-of-way, according to CSX.

The CSX pretrial statement indicated, “Had plaintiff looked for the train, it was there to be seen. Had he listened, the bell, horn and ambient noise of the train itself were there to be heard.”

Starting at $2.99/week.

Subscribe Today