PENNSYLVANIA RECORD

A Pennsylvania delivery company has been named in a federal complaint by

CSX Transportation in which the plaintiff claims one of its trains derailed and sustained significant damage after a vehicle operated by a driver working for the defendant failed to stop at a railroad crossing.

Attorney Eric C. Palombo, of the Jenkintown, Pa. firm Keenan Cohen & Howard, filed the civil action on March 10 at the Eastern District of Pennsylvania on behalf of Florida-based CSX Transportation.

It names as a defendant Schuylkill Haven, Pa.-based Evans Delivery Co. Inc.

According to the complaint, on April 9, 2012, a tractor-trailer being operated by the deliver worker, which was carrying a container loaded with bagged mulch, was traveling northbound along Pull Tight Road in Argyle, Georgia, when it crossed a railroad crossing after ignoring stop signs that were posted in the area.

The CSX train, which was pulling about 32 railcars, and was approaching the railroad crossing at the time, collided with the tractor-trailer.

The defendant’s driver, the lawsuit claims, failed to yield at the stop sign, causing the train to crash into the big rig, an act that in turn caused the locomotive to derail and sustain “significant damage” in the process.

“The acts and omissions of Evans Delivery and/or its employee or agent caused the derailment of CSXT’s train and railcars,” the complaint reads. “The aforementioned derailment was caused due to the negligence and recklessness of the aforementioned driver, as well as due to the negligent engagement, entrustment, and supervision of the transportation of the trailer by Evans Delivery.”

As a result of the derailment, the lawsuit states, CSX’s track structure was damaged and had to be repaired, the company’s equipment and railcars were damaged and had to be destroyed, and the plaintiff incurred labor and material costs to clean up the derailment and repair the track, train and railcars.

The railroad company also says it was unable to make use of its train for a period of time and had to operate at diminished capacity.

The complaint contains counts of vicarious liability and negligent hiring/entrustment/training.

CSX seeks damages in the amount of $581,457.12 pus interest, costs, attorneys’ fees and other expenses.

 

The federal case number is 2:14-cv-01416-MSG.