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Rail engineer, rail company being sued in deaths of woman, unborn child

The Kansas City Southern Railway Company is facing a lawsuit from a man who claims that the rail company is responsible for the death of his wife and unborn child.  The victim, heather S. Balven, was driving a Ford F-150 pickup truck when she was hit by an Amtrak train.

Kathy M. Richardson was engineering the Amtrak train along Kansas City Southern railroad tracks when she collided with the pickup truck.  The accident happened near the Seventh Street railroad crossing in Hartford this past March.

At the time of the accident Mrs. Balven was three months pregnant.  Mr. Balven claims that as a result of his wife’s death, he has incurred funeral costs and has lost his wife’s society, companionship, love, affection, guidance, economic support, emotional support and consortium.

In addition, the complaint goes on to say that when Balven was killed her next-of-kin had to endure grief, sorrow and mental suffering.  Kansas City Southern is at fault in Mrs. Balven’s death because they:

·         Failed to maintain the crossing and the right of way in a safe manner;

·         Failed to place adequate warning devices at the crossing;

·         Failed to maintain adequate safe sight distances for motorists driving on the road that leads up to the crossing; and

·         Failed to properly clear the right of way of foliage, brush, trees, and other plant growth.

The complaint alleges that Ms. Richardson is at fault because she failed to keep a careful lookout and failed to give a timely warning that her train was approaching a crossing.  Balven is asking for over $200,000 plus costs and other relief.

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