Skip to Main Content
Railroad News

Two Killed at Dangerous, Unguarded Norfolk Southern Crossing

By Pottroff & Karlin LLC |

(Montgomery, Pennsylvania – August 15, 2014)

A tragic train/pickup truck collision at the dangerous and unguarded of Norfolk Southern rails and Brick Church Road cost the lives of two construction workers as they were returning to the job after the lunch break Friday afternoon at about 1:30 P.M. near Montgomery, PA. Thee United Rentals vehicle they were in was struck by a NS coal train headed for a Washington, PA power plant.

Both victims, identified as driver Howard Martin Jr., 46, of Covina, CA, and his passenger, Darren Ziemer, 49, of Bayard, NE were employees of the Griffith Company of California, which is constructing a new natural gas-fired power plant for Pennsylvania Power & Light Co. on the opposite side of the tracks. Lycoming County Coroner Charles E. Kiessling Jr. said that Ziemer was pronounced dead at the scene, while Martin was airlifted to Geisinger Medical Center in Danville, PA, where he died at 1:55 P.M.

The NS/Brick Church Road grade crossing has no active warning systems such as flashing lights, crossing gates and bells, items which would both have made the driver aware of the oncoming train as well as undoubtedly prevented the tragedy. Both Norfolk Southern and Operation Lifesaver know 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%.

While documents on file with the Federal Railroad Administration claim that only a pair of NS trains cross Brick Church Road daily at a top timetable speed of 50 mph, it only takes one train and one unsuspecting driver to equal a tragedy such as occurred Friday.

In fact, railroad and government authorities were given a “wake-up call” almost exactly two years ago, when another NS train struck a motorist at the NS/Brick Church Road intersection in a non-injury accident the morning of July 20, 2012. Nothing was done to abate the hazard, and on Friday the worst-case scenario occurred.


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