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Don Lowry
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President and Owner of Lowry & Associates Attorneys

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11/16/2011
Donald Grey Lowry, President
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Horrible injuries in train derailment

A failure by the railroad in the proper operation, maintenance and supervision of its train and negligent maintenance and inspection of its railroad track has led to settlement of a wrongful death claim for $22.5 million and the settlement of an injury claim for $13.75 million by Canadian National Railway and two subsidiary companies.

 

            The accident, which occurred in 2009, resulted when a train of 114 cars, including 74 tankers filled with ethanol, derailed causing a massive fireball explosion.  The victims, a man and his wife and pregnant daughter, were sitting in their car waiting for the train to pass when a washout caused a derailment which in turn resulted the explosion involving 18 railroad cars carrying two million gallons of ethanol.  The wife was killed as she ran from the car on fire, and the 19-year-old daughter, was injured and lost her baby.

 

            The cases, which were pending in a Cook County, Illinois, court, were settled before trial.  The man was awarded $22.5 million for the death of his wife, and the daughter received the sum of $13.75 million.

 

            A representative of the railroad expressed sincere regrets and deepest sympathy for the entire family.  The derailment remains under investigation by the National Transportation Safety Board.



Category: Motor Vehicle Accidents


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