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Driver Files Suit Against Railway After Train Reverses Into Tractor-Trailer


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11/17/2008
Brent Adams
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A man has filed a personal injury suit in Arkansas against a railway claiming that he sustained personal injuries when a train reversed into the tractor-trailer he was driving.

During the process of delivering “hog fuel” to Domtar Paper Miller, Daniel Mercer had to drive his truck to the dump area due to the scales saying the truck was overloaded.

After he had dumped part of his load, Mercer was on his way back to the scales via the “truck wood road” within the Domtar property.

Mercer came to the railroad crossing and saw that there were railway cars parked alongside the track. However, while he was attempting to cross the tracks, the train began to reverse, hitting Mercer’s tractor-trailer.

Mercer filed his suit on July 25 in the Texarkana Division of the Western District of Arkansas on July 25 against Domtar Industries and Kansas City Southern Railway Company, alleging negligence on the part of both.

Mercer alleges negligence on the part of Kansas City Southern Railway for failure to keep a proper lookout, have an appropriate signal and/or adequate warning signs in place, warn of a condition that was unreasonably dangerous, provide a flagman after dark, and maintain a proper speed. He also claims negligence on the part of Kansas City Southern Railway for the hiring and supervision of employees and negligent operation of the crossing.

Mercer seeks damages for medical expenses, physical impairment, pain and suffering, severe mental pain and anguish, lost wages, lost earning capacity, and damaged and lost property.



Category: General


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