(Wayne, West Virginia – July 5, 2011)
The mother of a young girl who was struck by a CSX train has filed suit against both CSX Transportation Company and the Greater Huntington Parks and Recreation District seeking judgment for her child’s injuries.
The girl was hit as she retrieved a ball that her and her friends had been playing with on Sept. 19, 2009 at in a Westmoreland Community Park in Huntington, West Virginia. Allison Chapman, on behalf of her daughter, Audrey Chapman, filed the suit in Wayne Circuit Court May 20, charging that the defendants “failed to keep a careful lookout and failed to slow or stop the train before striking her daughter,” and “failed to erect and/or maintain a sufficient barrier between the park property and the railroad tracks.”
Allison apparently had followed a well-worn path to the railroad tracks, which ran adjacent to the unfenced southern border of the park