Skip to Main Content
Railroad News

Kentucky Motorist Killed, Two Witnesses Barely Escape Death at Non-Gated CSX Crossing

By Pottroff & Karlin LLC |

(Oakland, Kentucky – August 10, 2016)

A 28-year-old utility truck driver was killed the day before his 29th birthday at about 10:30 A.M. Wednesday morning in the Warren County, KY community of Oakland.  The motorist was struck by one of the 20 CSX freight trains that cross the non-gated intersection with Vine Street daily at maximum speeds of 60 mph. Two eyewitnesses also narrowly escaped death from debris from the collision between the truck and the train.

Pronounced dead after being transported to The Medical Center in Bowling was Raymond Brooks Barry of Atlanta, GA, whom the coroner said died of “massive head trauma” suffered in the collision.

Barely escaping death was a resident of Rasdall Street, which parallels CSX rails a half block ahead of the collision point, and her friend from Bowling Green, KY, who were visiting on the side porch of the residence when the tragedy occurred. “I’m shaking all over,” testified Ethel Tuck, 78, who saw the collision occur. “Every time I close my eyes I see that train hit!” she told Bowling Green Daily News writer Charles A. Mason at the scene.

Meanwhile, Grace claimed to have heard the collision, but research later revealed that what she “heard” was the truck tire which barely missed her as it smashed through her residence door and entered her home.

Only flashing lights are present at the Vine Street/CSX crossing, and their effectiveness has been questioned in the past. Especially after a local farmer had his tractor hit and destroyed as he lost his life on November 2, 2010, in a tragedy that occurred just after 11 A.M.”They need to put something up there to get people to stop,” said the still-traumatized Tuck. The crossing lacks automatic gates, which have been shown to reduce the likelihood of a collision by up to two-thirds.

Kentucky State Patrol Trooper Tomie Walters, who investigated the tragedy said that he has been researching and evaluating accident scenarios for 20 years, and commented that “I’ve never seen anything like this.”


sb-news-bg

Railroad News



Testimonials

Train crash cases are unique and complex with many different potential pitfalls, such as federal preemption. Anytime I get hired or even get a call from a train crash victim, my very first call is to Nathan’s firm. Nathan’s knowledge and experience in handling and trying cases against these litigation savvy railroad companies gives me the confidence to know that the clients and cases I refer to him are getting the best of the best.

James Perrin Lubbock, Texas

I have had the opportunity to work as co-counsel with Nathan on several railroad crossing accidents cases. In each case, Nathan always possessed an incredible knowledge of the law and the facts, possessed a great talent for aggressive - strategic legal planning and trial tactics while, at the same time, displaying great skill as an effective negotiator. I would recommend him to anyone without hesitation.

Scott McCluen Harriman, Tennessee

Nathan Karlin has my strongest endorsement in the field of railroad crossing cases and personal injury law. I had the pleasure of working with Nathan in a complex railroad personal injury case. I was impressed by Nathan’s knowledge, his work ethic, and his dedication to the client. I look forward to working with Nathan on future injury matters. I am also aware firsthand that he has obtained excellent trial and settlement results in numerous cases involving members of the public harmed by railroad companies.

Joseph M. Miller Mandeville, Louisiana

Nathan is a warrior fighting the railroads. As a fellow personal injury lawyer, I have constantly been impressed with his depth of knowledge and his capabilities from case to case. I’d take him into battle with me any day against the biggest railroads and insurance companies on the planet.

Jon C. Clark Austin, Texas

Bob Pottroff has fought for the victims of the railroads’ callous disregard for safety more than any other attorney that I know. I should know because I am currently Chair-elect of the Railroad Section of ATLA.

Robert Schuetze Boulder, Colorado

Mr. Pottroff has shaken the rail industry to its very roots. Settlements are now more common as a result of the way he has exposed the industry’s wrongdoing.

Mike Easley Arkansas

Bob Pottroff’s work in railroad safety law is unmatched and he has been the source of great advice and phenomenal creativity.

Roger Brown Jefferson City, Missouri

In addition to his substantive contributions to railroad grade crossing safety, I have personally observed his untiring efforts and contributions to improving the integrity of the legal system.

Elizabeth Hardy Lake Charles, Louisiana

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
Testimonials