JOHNSTOWN, Pa. — A jury has found the crew of a CSX Transportation freight train was not negligent in its operations when the train struck and seriously injured a pedestrian in a 2013 accident.
The Altoona Mirror reports that the jury in the federal civil case, contested in U.S. District Court in Johnston, found the crew not negligent in the case brought by Jonathan Lopez, 34, who suffered injuries including loss of his leg below the knee and a brain injury when struck by the train on Jan. 13, 2013. He had been seeking more than $2 million in damages.
In pretrial statements, Lopez contended the crew failed to exercise reasonable care by traveling in excess of an 11 mph speed limit — it was traveling an estimated 11 to 14 mph —and “chose not to … stop the train and avoid striking and running over the pedestrian.”
CSX contended Lopez was primarily responsible because he was walking with his head down while listening to music. The accident occurred at a marked grade crossing with warning lights, and CSX’s pretrial statement said, “Had he listened, the bell, horn, and ambient noise of the train itself were there to be heard.”
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