Woman's estate names CSX, KRT, Montgomery in lawsuit

By Annie Cosby | May 20, 2014

FAYETTEVILLE -- The family of a Kanawha County woman is suing over claims she was killed by a train after disembarking from a bus in Montgomery.

Elizabeth Ballangee, as administratrix of Sarah Marie Townsend, deceased, filed a lawsuit April 22 in Fayette Circuit Court against CSX Transportation Inc., the city of Montgomery and Kanawha Valley Regional Transportation Authority, citing premises liability.

According to the complaint, Townsend disembarked from a KRT bus Dec. 14, 2012, at a stop on Second Avenue in Montgomery and crossed nearby train tracks, a customary route for bus passengers, where she was struck and killed by a CSX train. The lawsuit states the route across the tracks provided a regular route for pedestrians to the city of Montgomery, an entity which failed to post any warnings about the danger of the tracks.

Ballangee is seeking punitive damages in an amount to be determined by the court.

She is being represented in the case by attorneys Mark F. Underwood and Patricia A. Jennings of Underwood Law Offices. The case has been assigned to Circuit Judge Paul M. Blake.

Fayette Circuit Court Case No. 14-C-117

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