Carol Ostrow Aug. 5, 2015, 11:47am

The family of a woman who died after she was struck by a train is suing Metra, claiming vehicular negligence and wrongful death in a fatal 2012 collision in Chicago.

Melanie Boyer brought a lawsuit as special administrator of Gardenia Boyer’s estate against Northeast Illinois Regional Commuter Railroad Corp., also known as Metra, on July 28 in Cook County Circuit Court, alleging negligence and wrongful death in the woman’s March 2012 demise.

The suit states that when Gardenia Boyer was walking eastbound along 95th Street in Chicago on or about March 7, 2012, and crossing railroad tracks located east of Vincennes Avenue, a Metra train struck her, killing her almost instantaneously. Her next-of-kin include two children.

The lawsuit states that the defendant, including the train’s engineer, was in breach of duty to operate locomotive No. 409 with care when it failed to maintain a proper speed, provide warning of its approach to the intersection by sounding its horn, and keep a proper lookout.

The plaintiff demands judgment of more than $50,000, plus attorneys’ fees and costs. She is represented by Daniel Streckert and Daniel Spector of Goldberg Weisman Cairo in Chicago.

Cook County Circuit Court case number 2015L007634.

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