In Contreras v. Amtrak, et. al., LCBF successfully obtained summary judgment dismissing all claims in a New York railroad trespasser case against both the railroad and property owner. In this matter, Plaintiff suffered a leg amputation after being struck by an Amtrak train while trespassing in a CSX railyard. Seeking substantial monetary damages for his injuries, Plaintiff filed suit, arguing that the train was not operated safely and that the railyard was improperly secured due to inadequate fencing, insufficient signage, and lack of patrol. In dismissing the case, the court agreed with LCBF’s position that Plaintiff’s own reckless conduct in trespassing into the railyard and crossing the tracks was the sole proximate cause of his injuries. The court rejected Plaintiff’s argument with regard to unsafe operation of the train, noting that the FRSA preempts common-law claims regarding excessive speed and that the conductor had no duty to make an emergency stop until it was clear that Plaintiff was not heeding the horn, bell, and headlights on the train. The court also found that given the plethora of signs present in the railyard and the efforts to maintain the fencing and prosecute trespassers, CSX satisfied its duty to safely maintain the railyard. The LCBF team was headed by Shayna Bryton.
LCBF secures summary judgment for railroad defendants involving trespasser strike
