Clifford Law Offices Files Negligence Lawsuit Against Metra in Man's Death at Tracks

Clifford Law Offices has filed a lawsuit today (March 11) against Metra and the Burlington Northern Sante Fe Railway Company on behalf of the estate of a man who was killed in January by a speeding commuter train at a Downers Grove train crossing.

Killed was 55-year-old John C. Ghislain whose car was trapped on icy tracks at the Maple Avenue crossing Jan. 4. The crossing gates had come down suddenly for an express commuter train trapping his van on the tracks. In his efforts to escape, the van fishtailed on the ice that the railroad had failed to clear.

The complaint alleges the express train was traveling at an excessive speed under the weather conditions which witnesses estimated to be as high as 65 miles per hour at the time of the crash.

The complaint, filed late this afternoon in the Cook County Circuit Court, also alleges the railroads were negligent in failing to properly maintain the ice-covered tracks as well as failing to provide adequate warning lights, horns and timing devices.

"A train had just passed and the gates went up. The car in front of Mr. Ghislain made it over, but at the time Mr. Ghislain's van made it up the severe incline at that crossing, the gates suddenly came down for the express commuter train," said Robert Clifford of Clifford Law Offices who represent Ghislain's widow. "When he tried to escape, his car spun around on the ice and snow which the railroad failed to remove and within seconds the speeding train slammed into his van.

Clifford recently won a $30 million verdict after a month-long trial in the case against Metra and the Chicago & North Western Ry. on behalf of violinist Rachel Barton.

"The railroads were aware that the ice and snow accumulate on the train's brakes and they failed to keep the wheels and brake pads free from ice that day," said Keith Hebeisen, partner at Clifford Law Offices and the attorney on the matter.

Ghislain was on the job at the time of the crash where he was a driver for pre-school children. No children were in the van at the time of the crash.

Ghislain, of Lombard, left behind a wife, Suzan, and three sons.