Lilly, O'Toole & Brown Blog

Wrongful Death

9/29/2008
Bob Grode, Attorney
Comments (0)

Anthony Smith Struck, Killed by Train

Saturday morning around 8 a.m. Anthony Smith was walking along the train tracks when he was struck and killed by an eastbound CSX freight train.
Apparently the train blew it’s warning horn several times but Smith did not react to it. The train applied emergency brakes but was unable to stop.
Given the massive tonnage of a freight train and the relatively short distance in which the train could stop, it is no surprise the train was unable to stop in time. While it appears there is no liability on the part of CSX, it is interesting to note what could have happened if the recent CSX shenanigans had continued and there was some liability.
Many months ago CSX was attempting to carve out a special loophole for itself in Florida law, one that would exempt CSX from any liability when it is negligent and causes injury or death to a person. If that deal had gone through there would not even need to be an investigation involving the tragic death of Anthony Smith because CSX would just point to their immunity and say “too bad”.

Labels: