Defense: No Time for Train Crew to Avoid Pedestrian on Tracks
A jury found no liability in the death of a teenager walking across Florida East Coast Railway tracks.
September 16, 2019 at 02:28 PM
1 minute read
TRANSPORTATION
PALM BEACH CIRCUIT COURT
A jury ruled for Florida East Coast Railway in the death of a 17-year-old who was struck by a train while walking on the tracks in Lake Worth.
Jamal Pender died at the scene Dec. 15, 2014, after he was hit. His mother, Denise Pender, sued the railroad, alleging the train conductor and engineer were negligent. Evidence suggested the train crew sounded the train's horn before applying its brakes two seconds later. Two experts testifying for the plaintiff opined the crew should have braked as soon as they saw the teen, giving him sufficient time to clear the tracks.
A defense expert said even if the crew had started braking at that point, the train would not have stopped in time.
Case: Pender v. Florida East Coast Railway
Case No.: 50-2015-CA-002651-XXXX-MB
Plaintiffs attorneys: Rudwin Ayala and Jay Cohen, Cohen, Blostein & Ayala, Fort Lauderdale
Defense attorneys: C. Ryan Eslinger and Eric L. Leach, Milton Leach Whitman D'Andrea & Eslinger, Jacksonville
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