
Michael Glisson, Litchfield, is suing Norfolk Southern Railroad and two of its employees on behalf of Brian Irwin, a disabled person who allegedly was seriously injured in February 2014 when a Norfolk Southern train collided with a 1997 Chevrolet pickup truck Irwin was driving at a railroad crossing on St. John’s Road.
The suit, which demands a jury trial and seeks damages in excess of $50,000, originally was filed Nov. 25, 2016, in Madison County Circuit Court and was transferred Feb. 6 to Macoupin County Circuit Court on a motion by the plaintiff. In addition to Norfolk Southern Railroad, the suit names the train’s engineer, Bryan Dale Woolard, Decatur, and the train’s conductor, Jacob T. Wallis, Dalton City, as defendants.
The location of the accident is south of Old Route 66 and lies within Macoupin County.
According to the suit, Irwin was driving his truck west at about 11:30 a.m. on St. John’s Road during a snowstorm which caused limited visibility, and covered the road, road signs and railroad crossing with about 5.5 inches of snow. As Irwin’s truck drove onto the crossing, a Norfolk Southern train allegedly collided with the truck, causing Irwin to sustain serious and permanent injuries. The suit claims Irwin sustained injuries to his head, legs, back, spine, brain, arms, abdomen and upper and lower extremities, and has been required to spend sums of money for diagnosis and treatment of his injuries, including the purchase of prosthetics. The suit alleges Irwin suffered great pain and mental anguish and has experienced a loss of income due to disabilities related to the injuries he sustained in the crash.
The suit alleges negligence on the part of the railroad, claiming the company failed to adequately maintain the cross buck railroad crossing signs at the crossing, making them difficult to see and read. The suit further alleges the railroad failed to install automatic gates and flashing lights, failed to maintain the crossing by allowing large trees and brush to encroach upon the right-of way and limit visibility, and failed to maintain the crossing in a safe and reasonable condition. Additionally, the suit alleges Norfolk Southern Railroad failed to properly train and supervise personnel in control of the train at the time of the accident, allowed the train to fail to sound an audible warning upon approaching the crossing and failed to take additional precautions commensurate with conditions created by the snow storm.
A second count against Woolard and Wallis, the suit alleges the engineer and conductor failed to warn motorists that a train was approaching the crossing, failed to stop or slow the train to avoid the accident, failed to sound the train’s horn and failed to keep a proper lookout for vehicles in the crossing.
This is the second suit filed against Norfolk Southern Railroad, Woolard and Wallis in connection with the accident. In late January 2016, the parents of Nicholas Raypole, a passenger in the Irwin truck, filed a wrongful death lawsuit seeking damages in excess of $50,000 against the defendants in Madison County Circuit Court. In July last year, that suit also was transferred to Macoupin County Circuit Court.