HOUSTON, Texas (KTRK) — Because the Milby Excessive Faculty neighborhood mourns the dying of 15-year-old Sergio Rodriguez, his household is already fascinated about learn how to maintain Union Pacific accountable.
Their attorneys introduced Wednesday that they’ve filed a lawsuit in opposition to the railroad firm for wrongful dying and negligence.
The lethal incident occurred Monday round 7:30 a.m. when the teenage boy tried crossing in entrance of a slow-moving Union Pacific practice. Officers stated the scholar was hit about 1/5 mile down from the place the warning arms went down.
“He was a toddler. Kids make errors. Do they should pay for them with their life? The reply isn’t any. If he was crossing in entrance of the practice, it is as a result of he felt like he had no different alternative,” one of many household’s attorneys, Ryan Zehl, stated. “Had Union Pacific accomplished what’s been requested of them for years, he would have by no means needed to make that call.”
RELATED: Milby Excessive Faculty pupil hit and killed by practice, HISD confirms
Two days later, Rodriguez’s dad and mom filed a petition that lists a number of allegations in opposition to Union Pacific, together with failure to sound the practice’s horn, taking mandatory precautions to keep away from the collision regardless of the foreseeable danger and creating enough security insurance policies and procedures.
The plaintiffs are requesting a jury trial and asking for greater than 1,000,000 {dollars} in damages. Nonetheless, their attorneys say the petition is about far more than the financial reduction. In addition they need to see adjustments within the practice operation schedule and the development of a pedestrian bridge.
“Cash is not a comfort, however it’s our solely supply of justice in America,” Zehl stated. “We’ll be certain Sergio didn’t die in useless and that he saves lives down the street.”
“The household employed us as a result of they need solutions. I feel what you are going to discover throughout discovery as this unfolds is there’s going to be failures on every kind of ranges,” lawyer Richard Nava stated. “They need change for an entire neighborhood that looks like they’ve been disenfranchised.”
A number of elected officers have additionally urged change. Throughout Wednesday’s metropolis council assembly, Mayor John Whitmire stated he plans to fulfill with Union Pacific’s CEO after receiving estimates that present a pedestrian skywalk would price about $6.5 million.
“They’ve a duty right here. It is their proper of manner the place we have to construct a skywalk, and we are able to both do it in our dialogue the straightforward manner or the onerous manner,” Whitmire stated.
Whitmire’s workplace stated a date for the assembly with Union Pacific has not been set. The mayor first stated that he needed the railroad firm to foot your complete invoice for the bridge, however his spokesperson stated he’s now open to discussions to have them pay for a portion of it.
READ MORE: Houston mayor says he’ll ask Union Pacific to pay for a pedestrian bridge over railroad tracks
This is not the one space in Houston affected by this problem. Council Member Joaquin Martinez stated his workplace has been working to construct over and underpasses in a number of areas.
“Simply in District I alone, we most likely have between 15 to twenty faculties which have a rail crossing of their yard. We have recognized about 35 essential crossings throughout town by the Sensible Railroad Crossing Venture that was initiated,” Martinez stated.
For days, Union Pacific has prevented answering questions from ABC13 about what has been accomplished or what they plan to do to reduce pedestrian risks for teenagers at their practice tracks. Their spokesperson despatched an up to date assertion Wednesday that stated:
“Union Pacific shares Houston’s grief following Monday’s heartbreaking occasion when a teen made a tragic choice to attempt to outrun a shifting practice. We need to remind college students and others to solely cross practice tracks at designated crossings and by no means ignore practice horns or the lights and security gates. Our hearts exit to the household, college students, and the practice crew who witnessed this horrible incident.”
Nava and Zehl stated the lawsuit might drag out for years. The method to assemble a grade-separated crossing, which is an overpass or underpass, might take even longer. Meaning it is unlikely that the scholars at Milby Excessive Faculty will see any drastic change earlier than they graduate.
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