Jury Sides With CSX in Civil Case

A Pennsylvania jury found CSX to be no negligent during a jury trial in a federal district court for injuries suffered by a pedestrian struck by a train in January 2013.

The case, which was heard in Johnstown, Pennsylvania, involved a lawsuit filed by Jonathan Lopex, 34, who suffered the loss of a leg below the knee and brain damage.

He had sought more than $2 million in damages in the civil action.

Attorneys for Lopez said the crew of the train failed to exercise reasonable care by allowing the train to travel in excess of the speed limit and failing to stop the train to avoid striking Lopez.

CSX countered that Lopez was primarily responsible for the accident because he was walking with his head down and listening to music.

The railroad’s attorneys contended that had Lopez listened for the locomotive bell, horn and ambient noise he would have hear the train coming.

The accident occurred at a public grade crossing with warning lights.  Evidence introduced at trial indicated the train was traveling between 11 and 14 mph on a segment of track where the top speed is 11 mph.

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