MENA, Ark. (Legal Newsline) - Sisters fled a car trapped on railroad tracks only for the train to strike the auto in such a way it landed on one of them and killed her, an Arkansas lawsuit says.
A lawsuit was filed Feb. 2 against The Kansas City Southern Railway Company and Charlestrey Escobar, also known as Trey Escobar and Escobar Trey, in the Circuit Court of Polk County.
The plaintiff is Jason Walter, acting individually and as Special Administrator of the Estate of Judy Dixon, who was killed in a train-crossing collision.
The incident occurred on Jan. 9, 2023, in Stillwell, Okla. Judy Dixon was a passenger in a vehicle driven by her sister Ruby Wallace. As they crossed onto the railroad tracks at Highway 51 East, their car got trapped between the level crossing signals.
The sisters fled the vehicle, but Dixon was severely injured when the car was struck by a KCS train operated by KCS personnel and later died from her injuries.
"The car was struck by a KCS train operated by KCS personnel and the car was launched into the air and impacted Ms. Dixon, severely injuring her as a result," the suit says.
"She was taken by ambulance to the hospital where she later passed away from her injuries."
The lawsuit alleges that the railway crossing was under the control of KCS at the time of the incident and claims that it was an extra hazardous trap due to insufficient or inadequate warning systems.
It further alleges that the KCS train failed to reduce its speed while approaching the crossing and did not timely signal its approach.
The complaint accuses both defendants of negligence and gross negligence. Specific accusations include failure to keep a proper lookout, failure to ensure that level crossing signals were coordinated with traffic lights to prevent vehicles from becoming trapped on tracks, failure to sound the train's whistle or horn, failure to reduce speed when approaching the crossing, and failure to put the train in emergency mode when a collision seemed imminent.
The plaintiff is represented by Bill Reynolds of Caddell Reynolds, P.A.