Skip to Main Content
Railroad News

Promising Young Musician Loses Life to Caltrain Train

By Pottroff & Karlin LLC |

(San Jose, California – March 19, 2013) 

The life and career of a budding musician were both cut short Tuesday afternoon at about 4:05 P.M. as he walked beside Caltrain railroad tracks just a few yards from his home and was struck a glancing, fatal blow by train #263 moments after it had left Diridon Station in San Jose, CA.

Donae Johnican, 16, a vocalist and guitar player who had already produced professional music videos, was killed as the train came around a bend behind him as he walked home from San Jose Lincoln High School, which specializes as a high school for the performing arts.

The accident occurred in a corridor that the railroad had already announced plans to fence off to protect the public from the temptation to use the rails as a pedestrian pathway, but the improvements were still only a distant hope of reality as the Caltrain corridor suffered its fourth pedestrian fatality this year.

The victim was allegedly wearing ear phones, but was walking beside, not directly upon, the Caltrain tracks which are owned by the Peninsula Corridor Joint Powers Board and accommodate Union Pacific freights and Amtrak passenger service in addition to the Caltrain operations. The tracks accommodate three dozen trains daily at a top allowable speed of 35 mph.

Over 200 classmates, fans and family members gathered Thursday night at San Jose’s Theodore Lenzen Park, near the recording/production studio where he had begun his commercial career, where he had said on one video that “Music has been a big part of my life since I was a kid.”

Now that voice and musical talent are silent, and friends and relatives were inconsolable as they shared memories of Donae’s talent and accomplishments. “Today, if I could just hear Donae sing me a song,” said the victim’s grandmother, Janice Carolina.

“The hardest part is I want Donae back,” sobbed his uncle, Deshonn Noble.

“I think he was the one who deserved to live more than anyone,” lamented classmate Jeanninne Pecot.

Kianta Noble, Donae’s mother who raised him as a single parent after the death of his father before Donae was born, struggled to say “God gave me the blessing of giving birth to an angel and everybody doesn’t get to do that and all of you got to love him.”


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