Menu
Civil wrongful death suit filed in 2008 railroad crossing fatality
Nearly two years after the death of a 6-year-old boy who suffered severe head trauma in a vehicle-train accident near Vicksburg, his parents have filed a wrongful death civil lawsuit in Greene Superior Court.
The 15-page complaint was filed Feb. 12 by Erica Harmon and Seath Stevenson, of Linton, as natural parents and guardians of Christopher Logan Stevenson against railroad engineer Jessie Kaufman, of Shelburn; Indiana Railroad Company; the Greene County Board of Commissioners; the Greene County Council and Fernando Perez, the young boy's natural father.
The 12-count suit seeks damages against the defendants in an amount that will "fairly compensate the plaintiffs for injuries, losses, expenses and for all other relief which is just and proper," according to court documents filed by Sullivan attorney Jeff Johnson.
No court date has been set in the case.
Stevenson, of Linton, died Feb. 21, 2008 in the intensive care unit at Riley Children's Hospital. He was a kindergarten student at Linton-Stockton Elementary School.
Christopher was a backseat passenger in a Jeep Grand Cherokee, driven by 25-year-old Seath Stevenson, of Linton, that collided with an Indiana Railroad Company locomotive at a crossing on County Road 400 North, approximately half a mile west of State Road 59 near Vicksburg on Feb. 15, 2008.
Stevenson, along with his fiancée, Erica Harmon, 22, of Linton and their 18-month-old son, Lucas Stevenson, were all treated and released at Greene County General Hospital in Linton for minor injuries after the accident.
The crossing was marked by railroad crossing signs and two stop signs, but was not equipped with any kind of electronic flashing lights, bells or crossing arms, according to Indiana State Police Sgt. Curt Durnil.
The investigation revealed the Jeep Cherokee was traveling westbound from SR 59 approaching the railroad crossing and for unknown reasons, the vehicle crossed over the railroad tracks as the southbound Indiana Railroad Train approached. The Jeep was then struck in the right rear quarter panel by the southbound train.
The collision sent the Jeep into a spin, ultimately coming to rest on the southwest edge of the railroad crossing, according to Durnil.
The railroad engineer was cleared of any wrongdoing by investigators, Durnil added.
Count 1 of the lawsuit against Kaufman and Indiana Railroad Company, based in Indianapolis, cites personal damages caused in the wreck.
The suit alleges that Kaufman and IRC were negligent because they failed to provide proper audible warnings, failed to exercise care in the operation of Train No. 6017 and failed to operate the train at a safe and reasonable speed.
Count 2 alleges that the young boy's death was a direct and a proximate result of Kaufman and IRC negligent acts or omissions; Harmon suffered loss of companionship of her son; the mother incurred health care, hospitalization as well as funeral and burial expenses; Harmon also has incurred psychiatric and psychological counseling expenses as a result of her son's death.
Count 3 seeks relief for damages against Kaufman and IRC for injury to her surviving son, Lucas.
Court 4 seeks relief from Jesse Kaufman and IRC for personal injuries to her son, Lucas Stevenson, for property damage, severe and personal permanent injuries; as well as severe and permanent emotional, mental and psychological expenses current and in the future.
Count 5 seeks damages on behalf of Seath Stevenson against Kaufman and IRC.
Count 6 seeks damages for personal injuries of Erica Harmon and Stevenson against Kaufman and IRC.
Counts 7 and 8 seek damages by Erica Harmon against the Greene County Commissioners and County Council because they make the decisions on the conditions of county roads.
Their alleged "inaction" results in the wrongful death of Harmon's young son, according to the suit.
The suit states, "numerous unreasonably dangerous conditions" existed in, on and around railroad crossings, including:
* The lack of visibility of oncoming trains from the base of County Road 400N caused by the large growth of trees and high brush.
* The lack of railroad crossing gates or arms.
* The lack of sufficient railroad crossing lights.
* The lack of sufficient audible warning devices.
* The unreasonable steep grade of the incline on both sides of the rail crossing.
The suit alleges that the commissioners and the county council members "knew or should have known" of the dangerous conditions because many residents had reported them to various county officials and employees. The suit also alleges there had been "near collisions" and dangerous incidents at this crossing.
The suit states that the commissioners and the council failed to enact or carry out sufficient, reasonable steps to eliminate, correct or otherwise alleviate the dangerous conditions.
Counts 9 and 10 seek relief from the commissioners and the council pertaining to injury to Lance Stevenson.
Count 11 against the commissioners and council seeks damages on behalf of Seath Stevenson for personal injuries to Lance Stevenson.
Count 12, also against the commissioners and council, seeks relief on behalf of Erica Harmon and Seath Stevenson for personal injuries and expenses.
Defendant Perez was named in the action to answer to his interest in Harmon's claims arising out of the wrongful death of Christopher Perez as cited in Counts 2 and 8.
After the wreck, former Greene County Council member Teddi Harmon and great-grandmother of the accident victim appealed to the county commissioners on several occasions to look at the steep grades on three railroad crossings on County Roads 400N, 450N and 500N -- all located west of State Road 59.
Last July, Harmon told the commissioners there is a 10-feet grade on County Road 400N and a steeper 15-feet grade on County Road 500N.
"When you go over the grade, all you see is the sky," Harmon said.
Teddi Harmon was also successful in getting the attention of Indiana Department of Transportation officials who have the installation of LCD flasher and cross arms on the rail crossings on County Road 400, County Road 450 and County Road 500.
At the time of the accident, none of the three intersections had crossing arms or warning lights.
The work was contracted by Indiana Railroad Company.
She said the lights and cross arms is one phase of what she would like to see done to improve the safety at those three rail crossing sites.
"Next is to work with the state and the railroad and the commissioners to change the grade level of the road," she said.
Harmon's petition to the commissioners offered two options to make the crossings safer.
* Lower the railroad tracks to lower the roadway level.
* Change the incline and the grade of the road to where there is at least a school bus length on both sides of the track for vehicles to stop and to enable people to look for trains or automobiles coming.