(The following story by Jon Hilkevitch appeared on the Chicago Tribune website on July 14, 2010.)
CHICAGO The family of a Chicago dance instructor who was killed by a train at an inoperative rail crossing in University Park three months ago filed a lawsuit Wednesday against two railroads responsible for maintaining the crossing.
Katie Ann Lunn, 26, was killed April 16 when an Amtrak train traveling 79 mph struck her SUV, which was stopped on the tracks in heavy traffic near Stuenkel Road and Governors Highway in the south suburb.
An ongoing investigation led by the Federal Railroad Administration has determined that before the crash, the flashing lights, bells and crossing gates at the crossing had been inadvertently turned off while repairs were being made.
The lawsuit was filed in Cook County Circuit Court, claiming negligence by the Illinois Central Railroad Co. and Wisconsin Central Ltd. The two railroads are owned by the Canadian National Railway Co.
"This clearly was the most preventable and needless death that I have seen,'' said Michael Demetrio, who filed the lawsuit on behalf of Jerry Lunn, Katie's father.
Officials at Canadian National, Illinois Central and Wisconsin Central declined to comment on the lawsuit.
Although the federal investigation has cleared Amtrak of any responsibility for causing the accident, the national passenger railroad's insurers will likely be on the hook to pay damages, legal experts said. That's because Amtrak has an operating agreement with Illinois Central that requires Amtrak to "indemnify IC, irrespective of any negligence or fault of IC (or) its employees.''
The Lunn lawsuit, citing preliminary findings from the federal investigation of human error by railroad signal crews, stated that the two railroads failed to ensure crossing-protection systems were functioning properly; that they canceled slow-zone orders that were in effect earlier in the day requiring trains to reduce speed through the crossing; and that they did not have a plan in place to caution drivers or train engineers to slow down or stop before entering the crossing.
Katie Lunn was driving home after watching students at a dance contest at Governors State University when she was killed. She was a dance instructor at the Joffrey Ballet School and the School of Performing Arts in Naperville as well as a performer with the Hip Hop Connxion and the Chicago Dance Theater.
What was meant to be will never be realise in a court case. There is no such thing as an accidental death even though the individual perishes in an accident. Katie's programmed software plans were in effect before she was born. She probly had no idea but maybe she did. It may come out later by conversations she had with friends but it will be unlikely it will ever end up here. Train vs Man will be around forever and the results.
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If you are in a horror movie, you make bad decisions, its what you do.
