CSX sued over death in Feb. freight train incident in Gary

By Noddy A. Fernandez | May 24, 2018

A father is suing CSX Transportation Inc. for alleged negligence, after his son was allegedly struck and killed by a train in Gary, Ind., in February.

CHICAGO — A father is suing CSX Transportation Inc. for alleged negligence, after his son was allegedly struck and killed by a train in Gary, Ind., in February.

Eric McClellan Sr., special administrator of the estate of Eric McClellan Jr., filed a complaint on May 18 in Cook County Circuit Court, alleging the defendant failed to maintain and control a freight train.

According to the complaint, the plaintiff alleges the defendant's train struck a motor vehicle that Eric McClellan Jr. was riding in. The plaintiff claims that he and his family have sustained pecuniary damages, including grief, sorrow and mental anguish, as a result of the fatal injuries that Eric McClellan Jr. allegedly sustained in the incident.

The plaintiff holds the defendant responsible for allegedly failing to reduce the train's speed to avoid the collision, keep a proper lookout and maintain adequate communication between the train engineer and railroad dispatchers.

The plaintiff requests a trial by jury and seeks judgment in an amount that exceeds the jurisdictional limits of the court. He is represented by Michael K. Demetrio and L. Michael Flanagan of Corboy & Demetrio PC in Chicago.

Cook County Circuit Court case number 18-L-5187

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Circuit Court of Cook Co Corboy & Demetrio CSX Transportation Inc

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