Woman blames Norfolk Southern for two deaths

WAYNE -- A woman is suing Norfolk Southern Corporation claiming it is responsible for the deaths of her father and her brother.

Norfolk Southern Railway Company was also named as a defendant in the suit.

On March 19, 2011, Jess Endicott Sr., 73, and Jess Endicott Jr., 37, were in a vehicle and were attempting to cross the Hatten Dairy Crossing railroad tracks in Pritchard when they were struck by a train and were killed, according to a complaint filed Nov. 21 in Wayne Circuit Court.

Saleena Bowen claims the defendants had a duty to maintain the railroad crossing in a reasonably safe condition; to provide a minimum of 20 seconds of continuous warning that a train was approaching the crossing and to activate the whistle if a car was in the crossing as the train was approaching.

The defendants carelessly and negligently failed to inspect and maintain the crossing; failed to inspect and maintain the rolling stock; operated a train without keeping a proper and sufficient lookout; proceeded at a speed which was greater than reasonable and proper; failed to decrease speed so as to avoid colliding with the Endicotts; failed to warn that a train was approaching; failed to adequately operate the train; and were otherwise careless and negligent, according to the suit.

Bowen claims as a result of the defendants’ alleged actions, her father and brother wrongfully died because of the collision with the train.

The defendants caused the Endicotts’ estates to sustain injuries and suffer damages, including sorrow; mental anguish and solace; loss of income of the both Endicotts; loss of income of the decedents from future earning capacities; loss of services, protection, care and assistance provided; loss of consortium; medical bills and expenses; expenses for funeral bills and services; and various other damages, according to the suit.

Bowen is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Bert Ketchum.

The case has been assigned to Circuit Judge Darrell M. Pratt.

Wayne Circuit Court case number: 12-C-262a