Denver family sues passenger train after man’s death

2009-02-18 17:32:27 (GMT) (JusticeNewsFlash.com - Justice News Flash, Personal Injury)

Amtrak sued for negligence in death of man struck by train

Las Vegas Amtrak train kills Denver man and family files wrongful death lawsuit.

San Francisco, CA (JusticeNewsFlash.com)–The Denver Post reported on Tuesday, the family of Fred Stark, who was killed by an Amtrak train on September 11, 2008 have filed a lawsuit claiming negligence causing the wrongful death of Stark. According to court documents, Stark had traveled to Las Vegas, Nevada to attend his daughter’s wedding. While he was in Vegas, he was struck by an Amtrak train while crossing railroad tracks near a city garbage transfer station.

According to documents filed by the plaintiff’s lawyers in district court, Burlington Northern Santa Fe Railway, Amtrak, San Miguel County, the city of Las Vegas and Ride to Pride Partnership were named and accused of gross negligence. The attorneys allege Stark failed to see the oncoming train because his vision was blocked by vegetation. The family is seeking damages for wrongful death and negligent infliction of emotional distress for causing Stark’s untimely death.

There is a railroad crossing sign, but no other safety controls like guard gates and flashing lights. On January 15, 2009, Michael Exquibel was also killed at the same railroad crossing.

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