AMPUTEES SUE CN IN IOWA, SAY IT CREATES DANGER.
Residents claim stopped trains are dangerous
Two Iowa women who lost limbs when they were struck while trying to climb through trains that were blocking a road are suing Canadian National Railway for allegedly ignoring a safety hazard that’s left a trail of injuries.
The lawsuits filed in Iowa state court allege that trains operated by the railway and its subsidiaries routinely block street crossings in Waterloo, a city of 68,000 in northeastern Iowa, sometimes for hours. They say this leaves pedestrians facing bad options daily: waiting for the trains to move, walking to an unblocked crossing that can be more than a mile away, or risking crossing between stopped cars that can start moving without warning.
“This problem exists in cities throughout the United States, but Waterloo is the poster child,” said attorney Bob Pottroff, whose Kansasbased law firm is representing the women.
He said the lawsuits allege that CN essentially uses part of Waterloo as its switching station, a facility that is usually located outside of population centres and includes fencing and other security measures.
The lawsuits claim that since 1991, at least five people have lost hands, arms or legs while trying to climb through a stopped freight train that started moving unexpectedly, including a 37-year-old woman who lost her left leg and nearly all of the skin on the back side of her body when she was struck and dragged by a train in April 2017, and a 67-year-old woman who lost both of her legs when a train rolled over them last September. A third lawsuit is pending in Chicago in the case of a former Waterloo resident who lost three limbs in a similar collision in 2011.
Iowa law and a Waterloo ordinance state that trains cannot block crossings for longer than 10 minutes with some exceptions, for instance if the stop is needed to comply with safety regulations. The company’s operating rules also state that they shouldn’t block crossings for longer than that unless it can’t be avoided.
“These events are tragic examples of the dangers of climbing on trains or railway cars,” said CN spokesman Patrick Waldron. “There are no circumstances where climbing on a train — moving or stopped — is worth the risk of serious or fatal injury.”
The railroad has previously said it’s aware of concerns about blockages in Waterloo but that “operational necessities” cause them. The women argue that the railroad has not taken steps to protect the public at the site.
They’re seeking unspecified damages for their pain and suffering, as well as punitive damages against the railroad.