The family of a man killed last summer at a train crossing in Park City is suing a railroad company and a rock quarry in Barren County.
Timothy “Josh” Duvall, 33, of Leitchfield, died July 13, 2022, after a train collided with a dump truck he was driving. Duvall was leaving Park City Stone with several tons of loose rock.
Attorneys James M. Bolus Jr., Brennan Soergel and Adam Cart are representing Emily Duvall, Josh Duvall’s widow, and their two children.
Soergel said the family believes parked vehicles, large piles of stones, loud noises from machinery, overgrown vegetation and the lack of advanced-warning safety equipment at the crossing contributed to the crash.
Park City Stone denies those allegations.
The lawsuit goes onto to explain how citizens and public officials have contacted CSX in the past to report the dangerousness of the crossing and the need for CSX to take safety measures at the crossing, including installing advanced-warning safety equipment. They claim CSX has said they are unable to take any action to upgrade warning devices.
The Kentucky Transportation Cabinet held a meeting with a handful of government leaders at the crossing on September 21, 2022. An electronic sign was placed nearby afterward urging motorists to “slow down” along with painted markings on the roadway.
The meeting followed a crash on September 9, 2022. Soergel said he believes CSX should have installed safety measures long before the crashes.
Attorneys for the Duvall family claim there are no laws in Kentucky prohibiting railroads from upgrading and installing safety features at crossings. They reason CSX had refused to do so leading up to the crash.
Records obtained from a Kentucky State Police investigation into the crash revealed Duvall’s ultimately died due to multiple blunt force injuries. He was ejected from the truck during the crash.
Duvall’s wallet was found on the front of the train engine and cash was scattered around the train tracks, according to investigative documents. Authorities believe he could have been counting money when the crash happened.
The records also said the CSX train sounded its horn several times prior to reaching the railroad crossing. The conductor of the train also said he attempted to brake before the impact.
The family is seeking monetary and punitive damages, pre-judgement interest, attorney’s fees, a trial by jury and other relief the court may decide.
Source: WBKO
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