CSX Train Lawsuit Follows Teen Death On Trestle

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Posted by Eddie FarahJune 13, 2008 10:36 PM
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CSX Train Lawsuit Follows Teen Death On Trestle

by Eddie Farah

A 17-year old Clay County High School football player, Wesley Whiddon Jr., who was struck and killed by a train lastmonth, was doing what many people in the Black Creek area regularly do -- fish from the railroad bridge.

Whiddon was killed May 14, when he could not escape the CSX train that rounded a corner traveling about 35 to 40 mph. His two friends managed to jump off the trestle that is suspended over Black Creek.

Now his mother is suingCSX, and its senior road foreman of engines for her son's wrongful death.

The lawsuit says that the railroad did not have the area properly closed or fenced off or adequate warning signs about the dangers of walking near the trestle. Local news, Channel 4, reports that four trespassing signs are posted at either end of the trestle.

The lawsuit also claims that the train was going at an excessive speed and that Whiddon didn’t have enough time to get away before being struck. But the conductor says he was not traveling at an excessive speed andhe thought the boys would jump off the tracks as people usually do. When that didn’t happen, he says he applied the emergency brake.

Since 1990, about 5,000 people have been killed by walking along railroad tracks and at crossings, according to the nonprofit group, Operation Lifesaver.

These unfortunate accidents remind us that train tracks are not the place for pedestrians, ATVs or cars. And trestles are never wide enough for both you and the entire width of the train, nor is a train tunnel.

This unfortunate young man and his family are suffering a loss which serves as a reminder to us all - That railroad tracks are for trains.

4 Comments

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Phil Nichols
Posted by Phil Nichols
June 15, 2008 6:41 PM

Now the mother wants to sue CSX??? Ridiculous!!! The boy was trespassing on railroad property, plain and simple. The bridge was marked with 4 (count'em - 4) "NO TRESPASSING" signs. If she wants to sue somebody, sue the school district, because her son apparently couldn't read, or at least he couldn't comprehend what he was reading (take this comment in the context in which it was written). Better yet, the mother should take the repsonsibility for her son's demise.
I wish the railroad would sue the mother of the minor child - remember she is legally repsonsible until the age of 18. Think of the engineer and what he has to live with for the rest of his life, all because of the actions of an irresponsible teenager. I'm sorry the kid is dead, but it was his fault. Now the mother's looking for a cash cow in the form of CSX to compensate her for her son's stupidity. And you can be sure her vulture lawyer will swoop right down and snatch a fat check from CSX for his time and trouble. What kind of lawyer would take this case anyways?? I hope that the courts find that this is lawsuit is a crock, and the mother ends up having to pay for the CSX attorneys and all associated court costs. Common sense begins at home. Also note, there is apparently no father in the picture, otherwise he'd be listed in the lawsuit too. Now this becomes a case of stupid - times 2.

Carl Schorfheide
Posted by Carl Schorfheide
June 17, 2008 11:12 PM

Quote from the initial story about the incident. "Whiddon's mother is the principal of W.E. Cherry Elementary School and his father works at the Green Cove Springs Police Department"

Mom is an educator, figure the kid should know how to read the no treaspassing sign. Dad works in law enforcement...

sorry
Posted by sorry
June 19, 2008 11:18 PM

sorry the boy died but let get the facts correct the rookie cop says the crew said they saw dear bull plus yes the crew will never forget, and God bless wesleys mom and dad but I wish they would vent there anger and pain else where get closer with God don't sue csx nor the road Forman the crew did everything they could there was no lack of trainning I know the sorry law firm they are Fela lawyers and I'm sure they couldent wait to call the family and please stop printing the crews name we are dealing with young minds that read this ,have I got to say more again Im sorry this happen but Mrs W let's just drop the law suit and be the kind of person your friends say you are and be proud of Wesley if he wouldent of hit the boy in front of him when the train hit him two would of died and thats a fact .God Bless

George
Posted by George
July 09, 2008 11:48 AM

This is the type of lawsuit that happens with the Florida statute concerning camparable fault liability. In Florida, the plaintiff can claim the the railroad was 5% at fault, and on the $10,000,000 lawsuit, that would be $500,000 if they win. CSX will probably look at the jury trial will cost about $250,000 for their attornay fees, offer an out of court settlement of about $300,000, which they will take. This is a case of deep pocket litigation. CSX and all named defendents should file counter claims, and go with the jury trial. This would put a stop to these deep pocket lawsuits, and put these greedy lawyers out of business. For sure, it looks like the train crew will have more suffering that the parents, because when someone is killed by a train, if effects the crew for a lifetime. The kid was totally wrong, by law, trains have the right away.

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