Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, October 6, 1993 TAG: 9310060158
SECTION: VIRGINIA PAGE: B-3 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
The lawsuit, filed Tuesday in Roanoke Circuit Court, alleges NS did not keep its railways safe for pedestrian traffic.
It also accuses train operators of failing to blow a whistle or horn as the train approached a bridge - allegations that have been raised in at least three similar suits filed in the past year.
Tuesday's lawsuit, filed on behalf of Leonard Wolford, states the railroad "failed to maintain its tracks and roadbed in proper condition," creating a danger for pedestrian traffic.
Railroad lawyers, however, say NS should not be expected to protect people who break the law by walking on its tracks.
"It's the railroad's position that people who willfully trespass upon its property, and get hurt in the process, have no standing to bring suits," attorney William Poff said.
But according to Wolford's lawsuit, the railroad knew of and even encouraged pedestrian traffic in the area where he was injured Oct. 10, 1991.
Wolford, 47, was hit by an eastbound train after his pants leg got stuck on a railroad spike "as he was attempting to flee," the lawsuit states. He suffered "severe and permanent" injuries and is no longer able to work.
At least three other lawsuits involving people killed or injured on railroad trestles have blamed NS for failing to warn pedestrians by blowing a whistle or a horn.
One lawsuit, filed on behalf of two teen-agers killed last year in Henry County, contained an internal railroad memo outlining potential legal repercussions.
While requiring whistle warnings might reduce accidents, the memo stated, failure to follow such a policy could expose the railroad to litigation.
Citing the memo, the Henry County lawsuit claimed the railroad decided it "was better from its own selfish legal posture" not to require whistle warnings or install safety devices.
by CNB