Case details

Family: Confusion near railroad crossing caused fatal crash

SUMMARY

$3500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On Jan. 13, 2017, plaintiffs’ decedent Bridget Lo, 65, was driving east on Agnew Road, in Santa Clara. She passed through railroad crossing gates and signals, and stopped at a traffic signal behind another car in the left turn lane at the intersection with Lafayette Street. Her vehicle’s rear end protruded into the railroad crossing. A southbound Amtrak train struck her car, causing it to spin, strike a pole and come to a stop east of the tracks. Lo was pronounced dead at the scene. Lo’s husband, Lawrence Lo, acting individually and as his wife’s estate’s successor in interest, and their children, Christopher Lo and Laurie Lo, sued the believed maintainers of the intersection, the city of Santa Clara and the county of Santa Clara; Amtrak’s parent company, National Railroad Passenger Corp.; and the believed maintainer of the train tracks, the Union Pacific Railroad Corp. The Lo family alleged that the intersection and railroad crossing was negligently designed, maintained and operated, creating a dangerous condition and that the defendants failed to address that condition. The county was ultimately dismissed from the case. Plaintiffs’ counsel contended that the configuration of the intersection of Lafayette Street and Agnew Road, located directly adjacent to the railroad crossing, was unsafe, as the track clearance green interval, which is the amount of time assigned to be able to clear stopped vehicles from the track area on the approach to a signalized intersection, was inexplicably shortened by the city. Counsel also contended that the city told no one else, including the California Public Utilities Commission, National Railroad and Union Pacific, of the change to the signals. Plaintiffs’ counsel maintained that, as a result, approaching vehicles would simultaneously face both flashing red railroad lights and a short downstream “clearing green” light, causing motorists to not respond to the shortened light and contribute to confusion at the intersection. Counsel asserted that, in the seconds before impact, the shortened “clearing green light” caused confusion at the intersection, stranding Ms. Lo on the tracks. The city’s counsel contended that Lo was comparatively at fault for the accident. Counsel contended that Lo drove against functioning crossing bells, the approaching train horn, descending gates with flashing lights, flashing red crossing lights, a “do not stop on tracks” warning sign and pavement markers. The city’s counsel also contended that Lo remained on the tracks, despite receiving a “clearing green light” that was designed to clear the railroad crossing of cars. In addition, counsel contended that the approaching train was clearly visible with unlimited sight lines and that Lo had an escape route that she did not take prior to impact., Lo sustained traumatic and was pronounced dead at the scene. She was 65 years old. She was survived by her husband, Lawrence Lo; her adult son, Christopher Lo; and her adult daughter, Laurie Lo. The Lo family sought recovery of wrongful death damages for the loss of Bridget Lo.
COURT
United States District Court, Northern District, Santa Clara, CA

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