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Martins sue Union Pacific
The parents of railroad-crossing crash victim Maureen "Missy" Martin recently filed a lawsuit against the railroad and the conductor in command of the train that hit Martin's car Nov. 12, 2002.
By By: Christine McManus
The parents of railroad-crossing crash victim Missy Martin recently filed a lawsuit against the railroad and the conductor in command of the train that hit Martin's car Nov. 12, 2002.
Train conductor Dannie Dolan of Commerce City "had a clear view of the stalled Martin vehicle at a sufficient distance from the crossing to stop or slow down the train to prevent the collision," the lawsuit alleges. Union Pacific did not train Dolan well enough to handle such a situation, the lawsuit said.
Furthermore, the bells and horns warning of the approaching train did not give enough time for Martin to get out of the way, the lawsuit said.
"In a perfect world, 25 seconds is enough. She popped the clutch and popped the clutch again. When you have a young driver in a panic situation, the Fifth Street railroad crossing is a recipe for disaster," said Missy's father, Dave Martin, in a previous News-Press interview. "It leaves no room for error."
Union Pacific trains go too fast through the increasingly busy Fifth Street intersection between Front and Perry streets, the Martins said. Their lawsuit alleges Union Pacific has not done enough overall to make the railroad crossing reasonably safe.
Union Pacific wants the case dismissed. Railroad attorneys allege that the Douglas County High School cheerleader's negligence caused the train to hit her stalled, stick-shift vehicle 25 seconds after the crossing gate arms descended.
The railroad last week also pulled Missy's boyfriend Vinny Veruchi into the lawsuit, despite outspoken praise from the Martins of his bravery to try to help on the early fall morning of the accident.
The couple was traveling in separate cars from Crowfoot Valley Coffee in downtown Castle Rock up to Douglas County High School on Front Street when Missy reportedly stalled, caught between the flashing emergency gates, with the front of her car on the tracks.
Railroad attorneys said Veruchi worsened the crash when he used his truck to push her vehicle out of the way, but rather, pushed it farther onto the tracks.
"The paradox is that the railroad wants to blame Vinny, when he was the only one who did anything," said the Martin's attorney, Bob Schuetze. "They [the train crew] didn't pull the brakes. Yet the train was able to stop less than 1,000 feet after it hit Martin's car."
The Castle Rock Police did not ticket Veruchi. Investigators reconstructed the accident last November, using a vehicle exactly like Missy's, said previous News-Press reports. Police determined that, from the position of Veruchi's truck, it looked like Missy was in the path of the train. Missy's car stopped in a position where the train might have hit the front of the car if it had not been moved.
The train pushed Missy's car about 40 feet before the vehicle hit a concrete barrier.
Martin had a severe traumatic brain injury, facial and eye orbital fractures and severe lacerations to her face and head. It took two months for Missy to emerge from a coma.
After six months of rehabilitation work, Missy will be the grand marshall at the Douglas County Fair Parade next week.
Hundreds of town residents have supported Missy with cards, donations and appearances at town council meetings, pleading for change at the intersection.
Dozens of suggestions have been made to the town council to change the intersection. Although the intersection is managed by state and town government, and the railroad, the Martins are not suing the town. Colorado's Government Immunity Act prohibits lawsuits regarding roadway design, Schuetze said.
Railroad-crossing train crash victims "occasionally" file lawsuits against railroads, said Union Pacific attorney Steven Napper.
"We recognize we must work together with the local and state government to make crossings safe," Napper said, when asked about the Martins' allegations that the crossing is unsafe. "One thing to remember is that the railroad doesn't have the authority to change streets at railroad crossings. There are a lot of agencies involved, for example [and] we must get approval from the Public Utilities Commission for lights and gates at crossings."
The case is scheduled to go to court Sept. 30 at the Robert A. Christensen Justice Center, 4000 Justice Way, southeast of the U.S. 85/Meadows Boulevard intersection in northern Castle Rock. The Martins are asking for exemplary damages, requested as punishment of the railroad for their daughter's medical bills, loss of future employment, long-term physical impairment and other losses.
Train conductor Dannie Dolan of Commerce City "had a clear view of the stalled Martin vehicle at a sufficient distance from the crossing to stop or slow down the train to prevent the collision," the lawsuit alleges. Union Pacific did not train Dolan well enough to handle such a situation, the lawsuit said.
Furthermore, the bells and horns warning of the approaching train did not give enough time for Martin to get out of the way, the lawsuit said.
"In a perfect world, 25 seconds is enough. She popped the clutch and popped the clutch again. When you have a young driver in a panic situation, the Fifth Street railroad crossing is a recipe for disaster," said Missy's father, Dave Martin, in a previous News-Press interview. "It leaves no room for error."
Union Pacific trains go too fast through the increasingly busy Fifth Street intersection between Front and Perry streets, the Martins said. Their lawsuit alleges Union Pacific has not done enough overall to make the railroad crossing reasonably safe.
Union Pacific wants the case dismissed. Railroad attorneys allege that the Douglas County High School cheerleader's negligence caused the train to hit her stalled, stick-shift vehicle 25 seconds after the crossing gate arms descended.
The railroad last week also pulled Missy's boyfriend Vinny Veruchi into the lawsuit, despite outspoken praise from the Martins of his bravery to try to help on the early fall morning of the accident.
The couple was traveling in separate cars from Crowfoot Valley Coffee in downtown Castle Rock up to Douglas County High School on Front Street when Missy reportedly stalled, caught between the flashing emergency gates, with the front of her car on the tracks.
Railroad attorneys said Veruchi worsened the crash when he used his truck to push her vehicle out of the way, but rather, pushed it farther onto the tracks.
"The paradox is that the railroad wants to blame Vinny, when he was the only one who did anything," said the Martin's attorney, Bob Schuetze. "They [the train crew] didn't pull the brakes. Yet the train was able to stop less than 1,000 feet after it hit Martin's car."
The Castle Rock Police did not ticket Veruchi. Investigators reconstructed the accident last November, using a vehicle exactly like Missy's, said previous News-Press reports. Police determined that, from the position of Veruchi's truck, it looked like Missy was in the path of the train. Missy's car stopped in a position where the train might have hit the front of the car if it had not been moved.
The train pushed Missy's car about 40 feet before the vehicle hit a concrete barrier.
Martin had a severe traumatic brain injury, facial and eye orbital fractures and severe lacerations to her face and head. It took two months for Missy to emerge from a coma.
After six months of rehabilitation work, Missy will be the grand marshall at the Douglas County Fair Parade next week.
Hundreds of town residents have supported Missy with cards, donations and appearances at town council meetings, pleading for change at the intersection.
Dozens of suggestions have been made to the town council to change the intersection. Although the intersection is managed by state and town government, and the railroad, the Martins are not suing the town. Colorado's Government Immunity Act prohibits lawsuits regarding roadway design, Schuetze said.
Railroad-crossing train crash victims "occasionally" file lawsuits against railroads, said Union Pacific attorney Steven Napper.
"We recognize we must work together with the local and state government to make crossings safe," Napper said, when asked about the Martins' allegations that the crossing is unsafe. "One thing to remember is that the railroad doesn't have the authority to change streets at railroad crossings. There are a lot of agencies involved, for example [and] we must get approval from the Public Utilities Commission for lights and gates at crossings."
The case is scheduled to go to court Sept. 30 at the Robert A. Christensen Justice Center, 4000 Justice Way, southeast of the U.S. 85/Meadows Boulevard intersection in northern Castle Rock. The Martins are asking for exemplary damages, requested as punishment of the railroad for their daughter's medical bills, loss of future employment, long-term physical impairment and other losses.
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