Andrea Lannom Charleston Daily Mail
April 23, 2014
(MCT) CSX has filed a response to a federal lawsuit, denying it is responsible for a 16-year-old who was struck and killed by a train while walking home from school.
The company asks the court to dismiss the lawsuit.
Richard Dwayne Ball, administrator of Jacob Ball’s estate, originally filed the lawsuit in Putnam County Circuit Court against CSX Transportation Inc, the city of Hurricane and the Putnam County Board of Education.
CSX moved the lawsuit to federal court earlier this month and said the city and school board were “fraudulently joined in this case” because there wasn’t a cause of action against them.
Jacob Ball died in the 2012 incident. He didn’t hear the train because he was wearing headphones, the lawsuit says.
The lawsuit additionally asserts there weren’t enough warnings to prevent pedestrians from walking along the tracks, the area was “abnormally and unusually dangerous” and that CSX didn’t sound a horn to warn Ball.
In its response, CSX said Ball was a trespasser, denied it was negligent or culpable and said the state Constitution bars punitive damages in this matter.
Contact writer Andrea Lannom at Andrea.Lannom@dailymailwv.com or 304-348-5148. Follow her at www.twitter.com/AndreaLannom.
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