PITTSBURGH – Norfolk Southern Railway has asserted that it took all proper safety precautions and that the death of a North Carolina man in a tractor-trailer/train collision was due to factors outside of its control.
Brittney Brown (as Administrator for the Estate of David Howell) of Charlotte, N.C. filed suit in the Allegheny County Court of Common Pleas on June 8 versus Norfolk Southern Railway and Norfolk Southern Corporation of Atlanta, Ga., Watercrest Business Park of Cheswick and Watercrest, Inc. of Tarentum, plus John Does 1-2.
“On Aug. 20, 2020, at 5:13 a.m., David Howell, a tractor-trailer driver, was completing a delivery to the Watercrest Industrial complex. Before entering the complex, David was stopped at Blockdale Crossing, an intersection in the Watercrest Business Park that was privately owned by Norfolk Southern Railway and Norfolk Southern Corporation. Mr. Howell’s truck got stuck while attempting the sharp left turn that follows the crossing,” the suit said.
“As Mr. Howell attempted to navigate the turn, a mile-long, coal-filled train was approaching from behind. Because the Norfolk Southern Railway and Norfolk Southern Corporation had prevented improvements at their private crossing, there were no flashing lights, crossing arms or alarms at the crossing to notify David of the approaching train.”
The suit explained that the fully-loaded train slammed into the cab of Mr. Howell’s truck, destroying its cab and propelling his tractor into an adjacent building, and causing severe injury and Mr. Howell’s death.
“Mr. Howell’s tragic death was predictable and preventable. Norfolk Southern Railway and Norfolk Southern Corporation knowingly disregarded the long-standing dangers at Blockdale Crossing, which included at least five accidents in the last 11 years. Despite knowledge of these previous accidents, outcry from both the local Cheswick community, suggestions from government officials, and the obvious risk to human life, Norfolk Southern affirmatively prevented the crossing from being made safe thereby perpetuating the safety issues at Blockdale Crossing for years leading up to Mr. Howell’s death. These dangers have caused subsequent accidents and remain a public hazard,” the suit stated.
“Defendants failed to remove the concrete barriers that prevented tractor-trailers from turning left across the track despite knowing that these barriers prevented the successful completion of the left-handed turn into the business park to make deliveries. Norfolk Southern Railway and Norfolk Southern Corporation failed to take any safety precautions for their private crossing to protect motorists, such as installing safety warning lights, a gate, crossing arms, or proper signage identifying Blockdale Crossing as an active train crossing. These safety measures would have given Mr. Howell proper notice of the oncoming train and, therefore, would have prevented his death.”
The suit argued that Norfolk Southern Railway and Norfolk Southern Corporation are also responsible for the conduct of defendants John Doe 1 and John Doe 2, in that their actions in operating the train in question directly contributed to Mr. Howell’s death – specifically, failing to apply the train’s brakes and horn in a timely manner when they saw Mr. Howell’s truck on the train tracks.
“Watercrest Business Park and Watercrest, Inc. were complicit and responsible for the safety issues at Blockdale Crossing. Just past the train tracks, there is a sharp left turn, and jersey barriers guard the train tracks immediately before and after the crossing. The combination of the sharpness of the turn and placement of the jersey barriers makes it nearly impossible for tractor-trailers to cross over the tracks in a timely manner to avoid trains speeding through Blockdale Crossing. Mr. Howell’s death is the result of the defendants’ decade-long history of conscious-shocking disregard for the safety of motorists and the Cheswick community at large – that continues today.”
UPDATE
In an Aug. 9 answer, which included new matter and a cross-claim against the Watercrest defendants, Norfolk Southern denied any and all liability for the events at issue.
“Plaintiffs’ complaint fails to state a valid cause and/or causes of action upon which relief may be granted and should be dismissed. The answering defendants did not breach any duty, if any duty was owed, to the plaintiffs herein. The answering defendants acted at all times relevant hereto with good faith and without malice. Any damages or injuries which may have been sustained by plaintiffs were not caused nor proximately caused by or attributable to the conduct of the answering defendants,” the answer’s new matter stated, in part.
“Although the answering defendants deny the allegations of the plaintiffs as to injuries and damages alleged, these injuries and damages, if any, were caused by the action or inaction of third-parties over whom the answering defendants had no control, nor right of control, and for whose actions the answering defendants cannot be held liable. Although the answering defendants deny the allegations of the plaintiffs as to injuries and damages alleged, these injuries and damages, if any, were caused by and are the fault of the other defendants joined or to be joined herein.”
According to Norfolk Southern, there “was no negligence, gross negligence, willful, wanton, or malicious misconduct, reckless indifference or reckless disregard of the rights of the plaintiff, or any malice (actual, legal or otherwise) on the part of the answering defendants.”
For counts of negligence, corporate negligence, vicarious liability and punitive damages, the plaintiff is seeking damages, jointly and severally, in excess of $50,000,000, exclusive of interests and costs, plus such further relief as this Honorable Court deems just including, but not limited to, delay damages pursuant to Pennsylvania Rule of Civil Procedure 238.
The plaintiff is represented by Daniel N. Purtell, John J. Coyle and Daniel T. Craig of McEldrew Young Purtell Merritt, in Pittsburgh.
The defendants are represented by T.H. Lyda and Edward B. Palmer of Burns White, plus Kenneth J. Hardin, Sharon Rice Stritmatter and Matthew J. DeMaio of Hardin Thompson, all also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-007059
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com