Victims Of Midland Train Tragedy Sue Union Pacific, Smith Industries
By: Dylan Brooks
Updated: November 28, 2012
MIDLAND -- The two weeks following the November 15th Midland train tragedy -- which killed 4 military veterans and injured 17 other people -- have been filled with mourning, prayer, investigations -- and now a civil lawsuit.
Military veterans Richard Sanchez and Todd King and their wives -- Heather Sanchez and Laci King -- are now suing Union Pacific Railroad and Smith Industries on behalf of other victims of the crash.
Union Pacific operated the freight train that plowed into the flatbed trailer that the veterans were riding on at the Garfield Street railroad crossing during the fatal incident.
Smith Industries was reportedly operating the flatbed trailer that was hit at the time of the wreck.
The driver of the trailer -- Dale Andrew Hayden -- was transporting 12 veterans, their 12 wives and 2 escorts from the Doubletree by Hilton hotel in downtown Midland to the Midland County Horseshoe Arena as part of the show of support hunt for heroes parade.
The veterans -- who were injured in combat -- were supposed to be honored at a banquet at the Midland County Horseshoe Arena.
The lawsuit from the victims of the tragedy -- who are being represented by attorneys Kevin Glasheen and Bob Pottroff -- claims that Union Pacific failed to comply with federal and state standards of care in regards to railroad safety.
The lawsuit also states that Union Pacific routinely ignored the danger of the crossing where the crash took place.
The National Transportation Safety Board previously determined that the Union Pacific train that was involved in the crash gave a necessary 20 second warning time before it reached the Garfield Street railroad crossing.
However, Glasheen told Big 2 that he got a message from TXDOT Wednesday saying that the Garfield Street railroad crossing requires a 30 second warning time.
As such, TXDOT said that Union Pacific trains were required to give a 30 second warning time before reaching the crossing.
According to the lawsuit, Hayden -- who was employed by Smith Industries -- was negligent by failing to keep a proper lookout, enter and exit the railroad crossing safely and exercise reasonable care for his passengers.
The plaintiffs are asking for exemplary damages for gross negligence in the lawsuit.
The lawsuit also states that the plaintiffs are also looking for access to black box recordings, the locomotive and the trailer used in the wreck.
Glasheen told Big 2 that he could either have gone after Smith Industries or Hayden in the lawsuit. The plaintiffs decided to sue the company the driver worked for, rather than the driver himself.
Glasheen also said that the City of Midland wasn't included in the suit -- since the city is immune from these types of lawsuits.
Glasheen added that the City of Midland's duties under the law are more limited than those of everyone else.
Big 2 reached out to Smith Industries, their attorneys and Hal Brockett (the attorney for Hayden), but none of them would comment on the lawsuit Wednesday afternoon.
Officials with Union Pacific issued the following statement after the lawsuit was filed:
"While we cannot comment on the lawsuit specifically, the timeline of events outlined by the N.T.S.B.'s investigation shows the truck proceeded onto the tracks eight seconds after the red flashing lights and bells activated. Disregarding active warning signals is extremely dangerous and we urge drivers to stop once the red flashing lights and bells activate. We will continue to work with federal, state and local authorities investigating this unfortunate accident, which include the National Transportation Safety Board, Federal Railroad Administration and Midland Police Department."
Military veterans Richard Sanchez and Todd King and their wives -- Heather Sanchez and Laci King -- are now suing Union Pacific Railroad and Smith Industries on behalf of other victims of the crash.
Union Pacific operated the freight train that plowed into the flatbed trailer that the veterans were riding on at the Garfield Street railroad crossing during the fatal incident.
Smith Industries was reportedly operating the flatbed trailer that was hit at the time of the wreck.
The driver of the trailer -- Dale Andrew Hayden -- was transporting 12 veterans, their 12 wives and 2 escorts from the Doubletree by Hilton hotel in downtown Midland to the Midland County Horseshoe Arena as part of the show of support hunt for heroes parade.
The veterans -- who were injured in combat -- were supposed to be honored at a banquet at the Midland County Horseshoe Arena.
The lawsuit from the victims of the tragedy -- who are being represented by attorneys Kevin Glasheen and Bob Pottroff -- claims that Union Pacific failed to comply with federal and state standards of care in regards to railroad safety.
The lawsuit also states that Union Pacific routinely ignored the danger of the crossing where the crash took place.
The National Transportation Safety Board previously determined that the Union Pacific train that was involved in the crash gave a necessary 20 second warning time before it reached the Garfield Street railroad crossing.
However, Glasheen told Big 2 that he got a message from TXDOT Wednesday saying that the Garfield Street railroad crossing requires a 30 second warning time.
As such, TXDOT said that Union Pacific trains were required to give a 30 second warning time before reaching the crossing.
According to the lawsuit, Hayden -- who was employed by Smith Industries -- was negligent by failing to keep a proper lookout, enter and exit the railroad crossing safely and exercise reasonable care for his passengers.
The plaintiffs are asking for exemplary damages for gross negligence in the lawsuit.
The lawsuit also states that the plaintiffs are also looking for access to black box recordings, the locomotive and the trailer used in the wreck.
Glasheen told Big 2 that he could either have gone after Smith Industries or Hayden in the lawsuit. The plaintiffs decided to sue the company the driver worked for, rather than the driver himself.
Glasheen also said that the City of Midland wasn't included in the suit -- since the city is immune from these types of lawsuits.
Glasheen added that the City of Midland's duties under the law are more limited than those of everyone else.
Big 2 reached out to Smith Industries, their attorneys and Hal Brockett (the attorney for Hayden), but none of them would comment on the lawsuit Wednesday afternoon.
Officials with Union Pacific issued the following statement after the lawsuit was filed:
"While we cannot comment on the lawsuit specifically, the timeline of events outlined by the N.T.S.B.'s investigation shows the truck proceeded onto the tracks eight seconds after the red flashing lights and bells activated. Disregarding active warning signals is extremely dangerous and we urge drivers to stop once the red flashing lights and bells activate. We will continue to work with federal, state and local authorities investigating this unfortunate accident, which include the National Transportation Safety Board, Federal Railroad Administration and Midland Police Department."
