Skip to Main Content
Railroad News

Iowa City Employee Critically Injured When His Loader Was Struck by Canadian Pacific Train at Dangerous, Unguarded Crossing

By Pottroff & Karlin LLC |

(Ottumwa, Iowa – April 3, 2017)

A 58-year-old City of Ottumwa, IA employee was critically injured Monday morning at about 8:45 A.M., CDT when the Sewer Dept. John Deere 544k end loader he was operating was struck and heavily damaged by a northbound Canadian Pacific train.  The collision occurred at the dangerous and unguarded public crossing of Gateway Drive, near the City’s west side material storage yard.

Operator Scott Allan Jones of Ottumwa was first rushed to Ottumwa Regional Health Hospital before being airlifted to Mercy Medical Center in Des Moines for treatment of his injuries.

News Director Nick Davis of KBIZ Radio in Ottumwa reported that “The railroad crossing has no flashing lights or crossing arms to protect traffic.”  It is virtually certain that if this crossing was protected by active warning devices, this collision would not have occurred. Canadian Pacific and Operation Lifesaver know that lights and gates are the most effective type of protection at railroad crossings. Studies that have been conducted over fifty years ago confirm that lights and gates offer the ability to drastically reduce the number of vehicle/train accidents by as much as 96%.

The collision last Monday was the second accident to occur at the crossing.  The first accident occurred in almost an identical manner on on November 2, 2001, when another CP train struck a city-owned end loader at the same CP/Gateway Drive road/rail intersection.  The maximum allowable speed for trains at that crossing is 40 mph.

Lead investigative agency for the accident will be the Iowa State Patrol since the case involved city-owned equipment.

The incident not only closed two city grade crossings, but because the lead locomotive of the four pulling the train fouled the interlocking crossover between CP and the Burlington Northern Santa Fe/Amtrak east-west line, all rail traffic in the Wapello County Seat city was halted for several hours.

SOURCE


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