LAS VEGAS — The family of a Denver man hit by a train near Las Vegas has sued, contending his line of sight was blocked and he could not see an approaching Amtrak train.
Fred Stark, who had come to Las Vegas for the wedding of his daughter, was killed Sept. 11 as he crossed the tracks near a city garbage transfer station.
Defendants in the lawsuit filed last week in state district court are the Burlington Northern Santa Fe Railway, Amtrak, the city of Las Vegas, San Miguel County and Ride to Pride Partnership, which owns the land next to the crossing.
The lawsuit, which accuses Amtrak of gross negligence, seeks damages for wrongful death and negligent infliction of emotional distress.
An Amtrak spokesman had no comment, saying Amtrak would handle the matter through legal channels. Other defendants also declined comment.
Another man, Michael Esquibel, was killed Jan. 15 at the same crossing, which has a railroad-crossing sign but no other controls.
Amtrak and BNSF said they were not responsible for the crossing.
The lawsuit alleges that because vegetation blocked Stark’s view, he did not see the train approaching.
