Facts

On Aug. 7, 2007, plaintiff Salvador Lopez was driving a 1997 Freightliner double-axle tractor truck northbound on SR-43, when he was struck by an Amtrak train after turning left onto Peterson Road and entered onto a railroad crossing. The railroad tracks were owned by defendant BNSF Railway Company, and the train was being driven by Tom Gettman. Lopez died as a result of the collision.

PLAINTIFF'S CONTENTIONS:
Lopez's wife and children filed suit, alleging that the train was traveling at an unsafe, dangerous speed, and that the crossing was not protected with a gate for entering traffic. The Lopezes contended that BNSF, National Railroad Passenger Corporation, State of California Department of Transportation, County of Kern, City of Delano, City of Wasco, and City of McFarland were at fault for the collision.

Injuries

Lopez died as a result of the collision.

Result

The parties reached a settlement for $88,725.

Other Information

FILING DATE: Aug. 24, 2007.