MARTINSBURG – A Berkeley County man is suing over claims his car was struck by a train at a railroad crossing due to insufficient warning signals.
Devon Young filed a lawsuit Oct. 16 in Berkeley Circuit Court against CSX Transportation Inc., citing negligence.
According to the complaint, Young was driving northbound on Hammond Road in Hedgesville on Oct. 5, 2012, when he was struck by a CSX railroad train at a railway crossing. The complaint states Young sustained serious injuries and was transported by ambulance to Berkeley Medical Center with a concussion, mild traumatic brain injury, nerve damage and back and neck pains.
Young says the railway lights and signage did not function to adequately warn of the train's approach. CSX is accused of negligence in failing to stop the train and maintain the railroad area.
Young seeks more than $250,000 in damages and is represented by attorneys Apryll H. Boggs of Hurricane and Ryan P. Quinn of Slocumb Law Firm in Washington, D.C.
On Nov. 5, the defendant removed the case to the Martinsburg Division of the Northern District of West Virginia based upon diversity of citizenship due to the plaintiff living in West Virginia and the defendant company based in Florida, in addition to the amount in controversy exceeding $75,000.
On Nov. 6, CSX answered the complaint, denying its train collided with the plaintiff's vehicle but rather that the plaintiff negligently operated a vehicle onto the railroad tracks not heeding the warning signals and collided into the train.
Martinsburg Division of the Northern District of West Virginia case number: 3:14-CV-00115