HOUSTON--(BUSINESS WIRE)--Marco Antonio Ortuno and Cecilia Rodriguez, the parents of 15-year-old Sergio Rodriguez, have filed a wrongful death lawsuit against Union Pacific Railroad and the train operator. Their teenage son was hit and tragically killed by a train while walking to school on the morning of Dec. 9 at 2000 Broadway St., which is near I-45 in Houston.
Attorneys Ryan Zehl with Zehl & Associates and Richard Nava with Nava Law Group are representing the plaintiffs in this case. The area where the incident occurred is a well-known pedestrian crossing frequently used by residents in the community, including students walking to nearby Milby High School.
There are no barriers or fencing preventing pedestrians from crossing at the location where the incident occurred, and according to the lawsuit the train operator failed to sound the horn prior to the train striking the boy, in direct violation of both state and federal regulations.
“This heartbreaking loss is especially tragic—because it was entirely preventable," said Ryan Zehl. "Union Pacific knew this crossing was a ticking time bomb for years yet chose to ignore the glaring safety hazards. This tragedy isn't just negligence—it's a failure of corporate responsibility, and we will hold them accountable to ensure no family ever suffers this kind of loss again.”
“Because of the negligence of Union Pacific and the train operator in this case, a promising young life is now over far too soon,” said Mr. Nava. “We will hold Union Pacific accountable and get this family justice.”
The defendants in this case are accused of a variety of negligent acts that led to this tragedy:
- Operating the train at an excessive and unreasonable speed
- Failure to engage the train’s horn, or any other warning in a timely fashion
- Failure to maintain a proper lookout for pedestrians
- Failure to take the proper precautions
- Failure to apply the train’s emergency brakes in a timely fashion
- Failure to hire qualified employees
- Failure to properly train and supervise employees
- Failure to create and/or enforce adequate safety policies and procedures
The family is seeking damages for physical, as well as mental pain and suffering, and loss of earning capacity and inheritance, among other claims. The plaintiffs are seeking monetary relief of over $1 million in an amount to be determined by the jury.
The case, Marco Antonio Ortuno and Cecilia Rodriguez, individually and as personal representative of the estate of Sergio Rodriguez v. Union Pacific Railroad Company and Union Pacific Corporation, is filed in the 281st District Court of Harris County. The case number is 202486017.
About Zehl & Associates PC
Zehl & Associates is an undefeated Houston-based personal injury law firm that represents accident victims across Texas, Louisiana and the United States, earning a reputation for recovering record-breaking verdicts and settlements for its clients. The firm’s practice areas include truck accidents, oilfield accidents, maritime and refinery accidents, and catastrophic personal injury and wrongful death cases. The firm has secured billions of dollars for its clients and obtained unprecedented victories against the largest companies in the world. For more information, visit https://www.zehllaw.com/.
About Nava Law Group
With over 150 years of combined legal experience, Nava Law Group has served more than 40,000 accident victims and their families, securing over $1 billion in recoveries. Nava Law Group can be reached by calling 713-661-9900 or contacting us online.