Skip to Main Content
Railroad News

Ohio Sheriff Department Captain Seriously Injured as Train Strikes Semi at Oddly Configured Norfolk Southern Crossing

By Pottroff & Karlin LLC |

(Eaton, Ohio – January 8, 2016)

A 40-year-old Preble County Sheriff’s Department captain suffered head injuries at about 4:20 P.M., EST Friday afternoon when a semi-trailer truck he was trying to direct out of harm’s way at the U.S. Highway 35 crossing near Eaton, OH was struck by a Norfolk Southern train approaching at about 30 mph. The train hit the truck and sent it careening into the officer’s police cruiser and then struck him.

Captain Brad Moore was, according to Ohio State Highway Patrol Sgt. Jerod Keyes, “frantically waving the big rig to continue across railroad tracks as the crossing gates were coming down and the train was approaching,” but “the semi hesitates, becomes stuck on the tracks and the crossing arms begin to come down,” he told a WHIO-TV reporter. “For some reason, the truck driver hesitated,” Sgt. Keyes added. “Maybe he thought he was clear.” The 18-wheeler operator was identified as Richard Palmer, 73, of Indianapolis, IN, and was reportedly uninjured in the collision.

Capt. Moore was one of two Preble County Sheriff’s Office personnel who were working an unrelated crash on Highway 35, and was standing on the roadway directing traffic around the scene.

The train struck the trailer, which in turn hit the victim. Although the NS/US Highway 35, single-track crossing is fully signalized with gates and lights, it crosses Highway 5 at an extreme angle, and sits amid an oddly configured confluence of US 35 and Miller-Williams Road only a few feet south from the tracks and with the entrance of West Lexington Road barely a block to the north, thus engineering a virtual motorists’ nightmare alley.

The U.S. 35/NS crossing, which, according to information on the Federal Railroad Administration’s website, accommodates a daily average of 30 freight trains that operate at a maximum allowable speed of 60 mph, has now been the site of six train/vehice collision.

Captain Moore was first transported to Preble County Medical Center in Eaton before being transferred to the Kettering Medical Center in Kettering, OH for more extensive treatment of his head injuries, which were described as “non life-threatening”. 


Railroad News


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