Hearing scheduled in case of teens killed by train
A Norfolk Southern train goes over a bridge in Elliston. The bridge was the scene where Grayson Hoops and Steven Robertson died while trying to cross the bridge before being hit by a train.
— The Roanoke Times file 2011
The families of two teenage boys who were struck and killed by a train in 2011 are moving to have their lawsuits against the railway company consolidated in Montgomery County Circuit Court.
According to a motion filed in August, the families of Steven Robertson and Grayson Hoops want the two wrongful death suits to be tried together. A hearing on the motion is scheduled for tomorrow at 9 a.m.
Robertson, 16, and Hoops, 17, were juniors at Eastern Montgomery High School when they were killed on Feb. 13, 2011, as they walked on a railroad trestle across the south fork of the Roanoke River near Elliston.
Both families have filed lawsuits against Norfolk Southern Railway Company and Norfolk Southern Corporation. According to complaints, the railway company was negligent for a number of reasons.
Grayson Hoops
The complaint filed by counsel for Leslie Robertson, Steven’s mother, states that Norfolk Southern knew that the community often used the trestle to access Pedlar Hills, a state-owned nature preserve. The railroad corporation had discussions about building a footbridge in the area so pedestrians could more easily access the forested tract but never did, according to the complaint.
Robertson’s complaint and the complaint filed by counsel for Grayson’s mother, Leigh Hieatt, allege that the individuals operating the train failed to sound the whistle, bell or horn when they first came into view of the boys. The operator also failed to apply the brakes or decelerate, according to the complaints.
The complaints allege that Norfolk Southern’s operation of the train and maintenance of the area was a nuisance and that the corporation’s actions were willful and wanton.
“Because of negligence of the defendants and/or because of the [Norfolk Southern] defendants creation of a nuisance, Hoops was allowed access to the railroad tracks and killed,” Hieatt’s complaint states.
Both families are demanding a judgment of $10 million for compensatory damages. Robertson’s complaint requests $5 million for punitive damages, while Hieatt’s complaint is asking for $350,000.
Both families have requested a jury trial.
According to Norfolk Southern’s answers to the complaints, the plaintiffs failed to state viable claims.
“The complaint is based on the incorrect assumption that [Norfolk Southern Railway Company] owed a duty of provision, a duty to keep the premises in a reasonable safe condition, a duty to warn of the approach of a train, a duty to construct barriers, a duty to establish safety protocols … and other duties not required by Virginia law,” Norfolk Southern’s answer to Robertson’s complaint states.
Steven Robertson
The railway company’s responses state that the plaintiffs have failed to allege any facts that the company knew or should have known that the boys were on the tracks or that the operators saw the boys in time to avoid the accident.
Richard Cranwell, Robertson’s lawyer, declined to discuss further details of the case Friday but said he hopes setting trial dates will be the next step after Tuesday’s hearing.
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the railroad is private property . what part of trepassing do these idiots not understand these kids where doing when they where on that bridge? talk about stupidity . where are the parents to teach these kids common sense? its never htere fault so blame the railroad . losers. they are going to lose since theres no trespassing signs I am sure all over the place
Comment by matthew — February 19, 2013 @ 11:11 am
“Let he who is without sin cast the first stone.” You Matthew must be the type of person this beautiful verse pertains too. You, who must travel daily in the hands of others to ensure you have never been stupid, an idiot or a loser. All are words you casually threw around in your comment. I guess you are casting “stones” because you alone must be a grand person to have never been anything less perfect. At least that is what you want us readers to believe. However, this is more believable You like to look at yourself and think you are all magnificent but in reality you live a life of unfilled dreams and broken down days. You take the anger you feel from being such a miserable loser (hey you started the name calling) and thrive off projecting it upon others. Even to the point commenting on a story in which you have little facts. What do you know about the boys – nothing. What do you know about their character – nothing. What do you know about the day they died –nothing, how about the events of that day – nothing. What is your knowledge of the foot bridge? – nothing. What do you know about losing a loved one, especially a child – nothing. Take the sum of all the above and you get, of course, nothing – a big fat zero. Come to think of it that is you – a nothing, a big fat ZERO
Comment by Person who cares — March 4, 2013 @ 3:25 pm
Let me start by saying- if you are going to post your idiotic thoughts….. Please learn to utilize spell check!
Next- if you are not familiar with this case then you have no right to post comments. Have you ever visited this area? Have you seen trespassing signs? Do you know the parents of these two young men? Where you there that day to have a full understanding of what happened? If not, then I would suggest you not make accusations!!!! You know what they say about opinions…..
Comment by Patsy — March 4, 2013 @ 8:32 pm