TAMPA, Fla. (Legal Newsline) - A dangerous CSX train crossing is to blame for a collision that killed five people, a Florida lawsuit says.
Guillermo Gama III filed a lawsuit July 9 in Hillsborough County Circuit COURT against CSX Transportation Inc., Joseph Lane, Leonel Mendoza, Rebeca Mendoza, and Jose Santamaria.
The case arises from a collision on September 23, 2023, when a train operated by CSX struck an SUV carrying Gama and several others. The complaint alleges negligence on the part of the defendants for failing to maintain safe conditions at the railroad crossing where the accident occurred.
The late Jose Hernandez was driving on a single-lane gravel roadway. Th railroad crossing accommodates traveling up to 79 miles per hour but there are no flashing lights or gates there, the suit says.
Instead, there's a stop sign. The CSX train did not sound its horn when approaching the crossing, the suit claims.
Gama seeks damages exceeding $50,000 for bodily injury, pain and suffering, mental anguish, loss of enjoyment of life, and other related losses.
Michael Finegan of Carman, Bevington & Finegan represents the plaintiff.