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Judge dismisses wrongful death lawsuit against Amtrak

Posted November 23, 2011

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— A judge has dismissed a wrongful death lawsuit by a Cary woman whose husband was killed at a Raleigh railroad crossing.

Jack Milton Daniels, 60, was killed on June 9, 2009, when he drove onto the crossing near Royal and Hillsborough streets and his car was hit by an Amtrak train.

Police said Daniels ignored the flashing signal at the crossing and appeared to stop his car in the middle of the crossing.

Nanette Daniels filed a complaint seeking $450,000 in damages from Amtrak's parent company, the National Railroad Passenger Corp., and CSX Transportation Inc., which owns and maintains the rail line.

The lawsuit alleged that the safety arms malfunctioned at the crossing. The arms dropped and then went back up, allowing Jack Daniels to drive onto the crossing, before they dropped again and trapped him, according to the suit.

Federal Judge Terrence Boyle dropped the suit after finding that Nanette Daniels lacks capacity and standing to sue for wrongful death under North Carolina law because she is not the administrator of his estate.

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  • mfarmer1 Nov 23, 2011

    >> 'ain't they made out of wood?"

    I just looked at some pictures, and the ones I looked at were metal

  • Rebelyell55 Nov 23, 2011

    I wonder what the judge thought of the lawyer who didn't know the law?

  • Rebelyell55 Nov 23, 2011

    Judge was right, wrong person filed the suit. Crossing arms or not, If the car would move, I'm sure it could gotten passed the arms, ain't they made out of wood?

  • mfarmer1 Nov 23, 2011

    I remembered this

    "According to the suit, CSX workers replaced the safety arms the day after Jack Daniels was killed and told Nanette Daniels that the crossing was scheduled for maintenance."

    maybe the administrator of his estate needs to refile.

  • BigUNCFan Nov 23, 2011

    I wouldn't take the cops word that things were working properly after all of the shenanigans that we have seen in the last few years from the police in NC.

  • wildcat Nov 23, 2011

    Very good call judge. Thanks.

  • The7thSeal Nov 23, 2011

    "Why would she not have the standing of her husband, even if she is not the administrator of his estate.She still lost her husband and CSX is known for have bad equipment that fails...Also how do the police know is was working correctly at teh time teh victim was there?? Where they there?
    Sherlock
    "

    No,but i'm sure witnesses were though.

  • The7thSeal Nov 23, 2011

    "Police said Daniels ignored the flashing signal at the crossing and appeared to stop his car in the middle of the crossing."

    and the wife tried to sue?LOL

  • 2323 Nov 23, 2011

    Personally, if the arms trapped me, I'd drive through them!

  • Sherlock Nov 23, 2011

    Why would she not have the standing of her husband, even if she is not the administrator of his estate.She still lost her husband and CSX is known for have bad equipment that fails...Also how do the police know is was working correctly at teh time teh victim was there?? Where they there?

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