Mother Of Boy Killed On Trestle Sues CSX

Mother Of Boy Killed On Trestle Sues CSX

Posted in the Jacksonville Forum

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Since: Jul 07

AOL

#1 Jun 14, 2008
JACKSONVILLE, Fla.-- The mother of a 17-year-old Clay County boy who died last month when he couldn't get off a CSX train trestle before being struck by a train is suing the railroad and the engineer who in charge of the train.

Wesley Whiddon Jr. was killed May 14 when he was fishing from the railroad bridge over Black Creek. Two other Fleming Island High School football players on the trestle with Whiddon escaped with minor injuries.

The wrongful-death lawsuit seeks damages in excess of $15,000 from the railroad and its senior road foreman of engines, Dennis Merrill.

The lawsuit claims the trestle was regularly used by residents of Clay County for fishing and crossing Black Creek and the railroad failed to close or fence off the property or post adequate warning signs of the danger of being on the trestle.

Clay County sheriff's deputies and residents told Channel 4 it is an area frequented by teenagers despite a total of four trespassing signs posted at both ends of the trestle.

Among other claims, the suit also alleges the train was traveling faster than permitted, which caused the 100-car train to strike the boy before he could get off the trestle.

The train's conductor, David Jones, told investigators that the train was going between 35 and 40 mph when it rounded the corner and he saw the boys on the trestle.

Jones said he expected the boys to jump, "Because that is what people usually do." When they didn't, he threw the emergency brake.

The suit was filed in Clay County Circuit Court on Thursday by the Cook, Hall and Lampros law firm out of Atlanta. The suit seeks a trial by jury on all claims.

A CSX spokesman told Channel 4 late Friday afternoon that they had not yet received the lawsuit and could not comment on it.

http://www.news4jax.com/news/16603342/detail....

“3 words changed my life ”

Since: Nov 07

Location hidden

#2 Jun 14, 2008
i felt deep sympathy for the family 2when this first happened, but now, i dont feel a drop of sympathy for this mother. her son was knowingly tresspassing...he couldnt get out of the way of a freaking train and she thinks csx is responsible? no..HER SON WAS...csx and the conductor should sue her! this is disgusting her trying to get a pay day from her sons death...

Since: Jul 07

AOL

#3 Jun 14, 2008
1) If any lawsuit should be filed, it should be on the behalf of CSX for lost profits, and the train engineer for emotional distress.

2) This lawsuit mirrors the example of the burglar on the skylight example, where he falls through and lands on a knife on the kitchen island and then sues the homeowner for his injuries.

3) The mother allowed her minor son to do this illegal activity.

4) There were trespassing signs, four in total, on both sides of the trestle, but they were ignored.

5) How did the other two get off and he didn't?

Any idiot knows that you can't just stop a train on a dime, and they should know you can't outrun a train...so why put yourself in that position anyway?
Hank

Charlotte, NC

#4 Jun 14, 2008
15K????? Is Dr.Evil her lawyer?
Dr Da

AOL

#5 Jun 14, 2008
Why doesn’t the mother sue the school system for not teaching him to read the NO TRESSPASSING signs? Why doesn’t she sue his football coach for not training him to run fast enough to escape a moving train? I think that if she is going to go after CSX, then why not those two also? I seriously hope that she gets countersued for her negligence for not teaching her son the concept of “private property”. Maybe she should be charged in the death of Wesley Whiddon for being a neglectful parent. Did he have a fear of water because she neglected to teach him how to swim? Maybe she ought to sue the school system and the city park and recreation service for not having taught her son to swim.

I would so love to be on that jury. I’d make sure that she didn’t get a cent and I’d push to get her indicted for her lack of dereliction of her parental responsibilities.

Since: Jul 07

AOL

#6 Jun 14, 2008
Dr Da wrote:
Why doesn’t the mother sue the school system for not teaching him to read the NO TRESSPASSING signs? Why doesn’t she sue his football coach for not training him to run fast enough to escape a moving train? I think that if she is going to go after CSX, then why not those two also? I seriously hope that she gets countersued for her negligence for not teaching her son the concept of “private property”. Maybe she should be charged in the death of Wesley Whiddon for being a neglectful parent. Did he have a fear of water because she neglected to teach him how to swim? Maybe she ought to sue the school system and the city park and recreation service for not having taught her son to swim.
I would so love to be on that jury. I’d make sure that she didn’t get a cent and I’d push to get her indicted for her lack of dereliction of her parental responsibilities.
HAHA! I love it.

[Psssst, to have a lack of dereliction would mean that she lacks neglect, but your point still stands :)]

Since: Jul 07

AOL

#7 Jun 14, 2008
Hank wrote:
15K????? Is Dr.Evil her lawyer?
She must realize that her stupid kid isn't worth that much.
sally

Yulee, FL

#8 Jun 14, 2008
Hank wrote:
15K????? Is Dr.Evil her lawyer?
I think it is probably so small so that the funeral and related costs can be paid, and nothing else. I don't think she is trying to profit from it...

I'm not condoning the lawsuit or what her son did. I actually think that this lawsuit is unfounded, but at least it's not millions for "emotional distress" or something.

Since: Jul 07

AOL

#9 Jun 14, 2008
scott1 wrote:
i felt deep sympathy for the family 2when this first happened, but now, i dont feel a drop of sympathy for this mother. her son was knowingly tresspassing...he couldnt get out of the way of a freaking train and she thinks csx is responsible? no..HER SON WAS...csx and the conductor should sue her! this is disgusting her trying to get a pay day from her sons death...
Glad you finally came over to the right side.

Now when are those football coaches going to show up telling me to meet my maker in some park?
kteamjags

United States

#10 Jun 14, 2008
I am sorry they lost their son but I believe I read where there were do not tresspass signs. Why should anyone be held liable for someone elses stupidity. I believe this kid was either 18 or close to it, not unable to read. If you are running with a screwdriver in your hand, fall and jab your eye out do you sue the screwdriver manufacturer? Unfounded lawsuit I think. Another thing, kind of soon in her grief to be hoping on the lawsuit thing isn't it?

“3 words changed my life ”

Since: Nov 07

Location hidden

#11 Jun 14, 2008
actually..for those who think she is suing for 15k..no, she is suing in excess of 15k..that has to be spelled out in her lawsuit for it to be filed correctly...so she is hoping for a windfall.

Since: Jul 07

AOL

#12 Jun 14, 2008
sally wrote:
<quoted text>
I think it is probably so small so that the funeral and related costs can be paid, and nothing else. I don't think she is trying to profit from it...
I'm not condoning the lawsuit or what her son did. I actually think that this lawsuit is unfounded, but at least it's not millions for "emotional distress" or something.
Yeah, but even if it is for funeral expenses, then it is still not CSX's responsibility to pay for it.
sally

Yulee, FL

#13 Jun 14, 2008
Joe_ wrote:
<quoted text>
Yeah, but even if it is for funeral expenses, then it is still not CSX's responsibility to pay for it.
That's what I said.
been there

Saint Augustine, FL

#14 Jun 14, 2008
Now CSX will spend more that that to defend themselves with high priced lawyers and rates will go up. I can't believe the audacity of this mother. This is truly a sad incident but nobody but he is to blame. I don't care if the train was going 1000 miles an hour, no trespassing is no trespassing. Simple, if you don't want to get hurt or killed then stay off of CSX property. The other kids could have been arrested for trespassing on their property and probably should have to make a point. People can't be protected from their own poor decisions despite liberals desire to do so. There just simply aren't enough nannies. It does look like she is just looking for enough to cover the funeral costs but its wrong, CSX was not at fault. Its still sad all the way around.

Since: Jul 07

AOL

#15 Jun 14, 2008
sally wrote:
<quoted text>
That's what I said.
I know :)
sally

Yulee, FL

#16 Jun 14, 2008
Joe_ wrote:
<quoted text>
I know :)
Good :)

I'm always hesitant to post my opinions because some users will misinterpret my thoughts based upon their own assumptions/hang-ups/ignorance . Just wanted to make sure my point was actually delivered and received correctly...

Since: May 08

Jacksonville, Florida

#17 Jun 14, 2008
This is wrong, wrong wrong. Momma should be ashamed of herself. This could have be prevented if her son had of obeyed the law..no wait..used some common sense..The had no business on the TRAIN bridge, he had no business going past a NO TRESPASSING sign.

Momma should be sued by CSX
justice for all

United States

#19 Jun 14, 2008
sally wrote:
<quoted text>
I think it is probably so small so that the funeral and related costs can be paid, and nothing else. I don't think she is trying to profit from it...
I'm not condoning the lawsuit or what her son did. I actually think that this lawsuit is unfounded, but at least it's not millions for "emotional distress" or something.
Why would they need for the funeral to be paid for again? They asked for donations in the paper at the end of one of the endless articles glorifying this kid for getting killed breaking the law. I beleive one of the posters who is a family friend said the funeral cost $15,000.
If the funeral had not been such a dog and pony show it would not have cost so much, so why not sue whoever orchestrated that event.

This law suit is wrong on so many levels. The propery was posted, the kid was old enough to read. Therefore the kid was willfully disobeying the law. The mother excused this with the statement that everyone in the neighborhood tresspassed so it was okay for her son to and CSX should have put up a fence to stop them. Uh, mom, how about taking responsibility for not instilling integretity in your son. Why not sue all the neighbors who led her son to believe breaking the law was okay?

CSX should sue the mom for allowing her son to break the law because everyone else did. The engineer should sue the mom because he will remember hitting the boy who was on the tressell illegally for the rest of his life.

Why not sue the fishing pole company? He would not have been fishing if he did not have a pole?

There are endless possibilities for lawsuits because it is easier to blame others than to take responsibility for ones own actions.
p rainwater

Louisville, KY

#20 Jun 14, 2008
money can replace anybody.

profiting off the death of her kid.

SWEEEEEEET bitch

“Reagan Conservative”

Since: Jan 08

Jacksonville, FL

#21 Jun 14, 2008
scott1 wrote:
i felt deep sympathy for the family 2when this first happened, but now, i dont feel a drop of sympathy for this mother. her son was knowingly tresspassing...he couldnt get out of the way of a freaking train and she thinks csx is responsible? no..HER SON WAS...csx and the conductor should sue her! this is disgusting her trying to get a pay day from her sons death...
Amen Scott1!!!!

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