| Sources |
- [S104] Cocke County, Tennessee, and its People, Cocke County Heritage Book Committee, (Walsworth Publishing, 1992), 55.
- [S24] The Newport Plain Talk, (http://www.newportplaintalk.com), 17 Jun 2004.
Half-million dollar lawsuit to be filed against City of Newport, Norfolk Southern Railroad
A Norfolk Southern Railway train struck this 1996 Honda Accord, driven by Rebekah Gorrell, 17 at the time, as she attempted to cross the tracks at the Mims Avenue crossing on July 17, 2003. A $500,000 lawsuit has been prepared by Dandridge attorneys Jill and Richard Talley on behalf of Gorrell naming Norfolk Southern Railway Company, Norfolk Southern engineer Michael S. Stidham, and the City of Newport as defendants. ©2004 NPT PHOTO by GARY BUTLER
By: GARY BUTLER
Source: The Newport Plain Talk
06-17-2004
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NEWPORT—Deborah Gorrell and Scott Gorrell, 786 Morrell Springs Road, have brought a $500,000 lawsuit—on behalf of their daughter, Rebekah Gorrell—against the City of Newport, Norfolk Southern Railroad, and Norfolk Southern Engineer Michael S. Stidham.
The lawsuit—expected to be filed this week in Cocke County Circuit Court according to attorneys Richard and Jill Talley of Dandridge—asks for damages “for the severe pain and suffering as a result of her physical injuries, for doctor, hospital, and other related medical expenses.”
The lawsuit stems from an accident on July 17, 2003, in which Rebekah Gorrell’s 1996 Honda Accord was struck by a Norfolk Southern train, which was traveling at 28 mph and pulling 52 cars. The impact, which occurred at the Main Street and Mims Avenue crossing at 6:30 p.m., pushed the car that Gorrell was operating 754 feet down to the Court Street crossing before coming to a stop.
The lawsuit states, “As Plaintiff Gorrell approached the intersection of Mims Avenue and the Norfolk Southern Railroad tracks, the traffic light was green, leading plaintiff Gorrell to believe it was safe to enter the intersection. As a direct and proximate result of the negligent acts of the defendants…Rebekah Gorrell received permanent injuries.”
The lawsuit contends that Norfolk Southern Railway Co., Michael S. Stidham, and the City of Newport were guilty of the following acts of common law negligence:
Norfolk Southern Railway Co. had a common law duty to maintain its railroad lines and tracks in such a manner as to allow vehicles to conveniently and safely pass over said tracks;
Norfolk Southern Railway Co. and Michael S. Stidham were negligent in operating the train in an excessive rate of speed under the circumstances when considering the nature of the crossing…
Defendant, Norfolk Southern Railway and Michael S. Stidham, failed to keep a proper lookout ahead, considering the nature of the crossing at Mims Avenue.
Defendant, Norfolk Southern Railway and Michael S. Stidham, were negligent in failing to give adequate warnings, under the circumstances existing, of the approach of the train at the crossing at Mims Avenue.
Defendants, Norfolk Southern Railway, Michael S. Stidham, and the City of Newport were negligent in failing to install automatic flashing signal lights, or other automatic type warning devices in such a manner that approaching motorists would be warned by the hazard and alerted to watch for an oncoming train or engine.
The lawsuit goes on to list several Tennessee statutes which require precautionary measures in such situations.
“This is a dangerous crossing,” said Newport Police Chief Clay Webb immediately following the accident. “I know we have had one fatality at this crossing and Joe Bacon was struck there as well. This makes the third accident and we need to look at the crossing to see if there is something more we can do to make it safer such as adding a crossing arm.”
Norfolk Southern Railway Co. spokesperson Susan Terpay told the Plain Talk Thursday morning that her company has not yet seen the lawsuit, and is unable to make a comment concerning it.
Newport City Attorney Terry Hurst said Thursday he is unaware of the lawsuit, as it had not been formally filed as of Thursday morning.
“In any case, the city’s liability insurance would apply in a case like this and the insurance carrier’s attorneys would handle something like this,” said Hurst.
Half-million dollar lawsuit to be filed against City of Newport, Norfolk Southern Railroad
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Abt 1985 - (~ 39 years)