Estate of truck driver who died in train crash in Cheswick sues Norfolk Southern

The estate of an Easton man who died in an August 2020 crash with a train in Cheswick is suing Norfolk Southern for $50 million, alleging the company’s negligence resulted in the man’s death.

Brittney Brown, an administrator of David Nezekiah Howell’s estate, filed the lawsuit June 8 seeking compensation from Norfolk Southern Railway, Norfolk Southern Corp., Watercrest Business Park and Watercrest Inc. in the wrongful death of Howell.

The collision occurred about 5:20 a.m. Aug. 20, 2020, at Pittsburgh and Blockdale streets. Allegheny County Police said Howell, 55, was in the process of crossing the tracks when he noticed a train coming and began to back up with no success.

The collision appeared to push the trailer into the corner of a building. The smashed cab appeared to have been spun into the back of the building.

According to the lawsuit, as Howell got stuck while attempting to make a sharp left turn, a milelong coal-filled train approached. The lawsuit alleges there were no flashing lights, crossing arms or alarms at the crossing to notify Howell of the train.

“Mr. Howell’s death was predictable and preventable,” the complaint said.

Norfolk Southern spokesperson Connor Spielmaker said they are unable to comment on litigation.

Other vehicles have been hit at the crossing.

In May 2019, a Norfolk train hit a tractor-trailer, sending it into the front wall of an apartment in Cheswick.

In May 2020, two people were hurt after a train clipped their van at the crossing.

The lawsuit alleges that, since 2005, several safety precautions and measures have been recommended by PennDOT and Cheswick Borough to Norfolk in an attempt to install safety lights and a crossing gate to alert motorists to oncoming trains.

Related:

• Big rig hit by train in Cheswick, bounced into apartment wall

• 2 hurt when train strikes van in Cheswick

The lawsuit alleges Norfolk Southern did nothing to improve the safety of the crossing despite concerns from the Cheswick community, government officials and an “obvious risk to human life.”

The complaint claims Howell’s death would have been prevented if Norfolk installed safety warning lights, a gate, crossing arms and proper signage to identify Blockdale Crossing as an active train crossing.

“These safety measures would have given Mr. Howell proper notice of the oncoming train, and, therefore, would have prevented his death,” the lawsuit said.

The lawsuit alleges Norfolk Southern Railway and Norfolk Southern Corp. were responsible for the conduct of the train’s operators, listed as defendants John Doe 1 and John Doe 2, citing their actions directly contributed to Howell’s death. The document alleges they failed to apply the train’s brakes and horn in a timely manner when they spotted Howell.

Watercrest Business Park and Watercrest Inc., its parent company, are mentioned in the lawsuit for allegedly being responsible and complicit for the safety issues at Blockdale Crossing, according to the lawsuit. The lawsuit said the sharp left turn and Jersey barriers make it impossible for tractor-trailers to cross the tracks in enough time to avoid trains passing through Blockdale Crossing.

Contact information for Watercrest could not be found.

Cheswick Borough secretary Lorraine Zebrine said a meeting is scheduled for Friday morning at Blockdale Crossing for Norfolk Southern, PennDOT and Cheswick’s engineer, Matt Pitsch, to discuss its safety options. The discussion will determine whether the crossing is private or public, which is what has prevented safety measures from being installed, she said.

“We are hoping they will come forward with what our options are to make it a safe crossing,” she said.