Second Lawsuit Filed By Family Of Midland Train Tragedy Victim
By: Big 2 News Staff
Updated: December 28, 2012
MIDLAND -- A second lawsuit has been filed as a result of the Midland train tragedy.
The family of Marine Corps Chief Warrant Officer 3 Gary Stouffer filed a lawsuit a Dallas district court on December 27th.
In the suit, Catherine Stouffer seeks damages from both both Union Pacific railroad and Smith Industries,
Smith Industries owned and operated the flatbed truck that Stouffer was riding on during the fatal crash on November 15th.
A Union Pacific train that was traveling 62 miles an hour plowed into the flatbed truck -- which was carrying 12 injured military veterans, their 12 wives and 2 escorts to a banquet -- near the intersection of South Garfield Street and West Front Street.
Stouffer and 3 other veterans died in the crash. An additional 17 people were injured.
The Stouffers' lawsuit claims that the crash was preventable.
The lawsuit also says that Union Pacific was grossly negligent by not properly maintaining the crossing warning system.
Lawyers also say that the people operating the train did not do so safely.
The lawsuit also claims that Smith Industries was negligent, adding that the company drive the truck in a safe manner.
Lawyers are seeking unspecified damages in the suit.
"I can tell you that we feel quite confident that we have sued the appropriate parties," attorney Charla Aldous told Big 2. "And we do strongly believe that Union Pacific is responsible for allowing this dangerous crossing to exist in the manner it did on the day the accident occurred."
Aldous also said she is waiting to hear back from Smith Industries and Union Pacific about when they can proceed with their investigation.
Another lawsuit -- which represents 4 people who were involved in the crash -- has already been filed against Union Pacific and Smith Industries.
Union Pacific has maintained that they followed guidelines set up by the Federal Railroad Administration in the moments before the wreck occurred.
The family of Marine Corps Chief Warrant Officer 3 Gary Stouffer filed a lawsuit a Dallas district court on December 27th.
In the suit, Catherine Stouffer seeks damages from both both Union Pacific railroad and Smith Industries,
Smith Industries owned and operated the flatbed truck that Stouffer was riding on during the fatal crash on November 15th.
A Union Pacific train that was traveling 62 miles an hour plowed into the flatbed truck -- which was carrying 12 injured military veterans, their 12 wives and 2 escorts to a banquet -- near the intersection of South Garfield Street and West Front Street.
Stouffer and 3 other veterans died in the crash. An additional 17 people were injured.
The Stouffers' lawsuit claims that the crash was preventable.
The lawsuit also says that Union Pacific was grossly negligent by not properly maintaining the crossing warning system.
Lawyers also say that the people operating the train did not do so safely.
The lawsuit also claims that Smith Industries was negligent, adding that the company drive the truck in a safe manner.
Lawyers are seeking unspecified damages in the suit.
"I can tell you that we feel quite confident that we have sued the appropriate parties," attorney Charla Aldous told Big 2. "And we do strongly believe that Union Pacific is responsible for allowing this dangerous crossing to exist in the manner it did on the day the accident occurred."
Aldous also said she is waiting to hear back from Smith Industries and Union Pacific about when they can proceed with their investigation.
Another lawsuit -- which represents 4 people who were involved in the crash -- has already been filed against Union Pacific and Smith Industries.
Union Pacific has maintained that they followed guidelines set up by the Federal Railroad Administration in the moments before the wreck occurred.
