Guillermo M. Valdivia, 77, was driving his white 2005 GMC pick-up on Shiloh Road and U.S. Highway 64 in Sallisaw when it collided with a 133-car Union Pacific train fully loaded with coal.
Witnesses told investigators that the pick-up truck did not stop at the stop sign at the railroad crossing. Luz M.E. Valdivia, wife of Guillermo M. Valdivida, contends that the cause of the collision was negligence by the Union Pacific Railroad Co.
According to the suit filed on June 9 in Sequoyah County District Court, Sallisaw, Union Pacific Railroad Co. failed to maintain the railroad track and public railroad-crossing grade at Shiloh Road. The suit also claims the crossing is obstructed and is not in good condition for the use of the public.
Luz Valdivia contends the railroad track and the public railroad crossing at Shiloh Road is not in accordance with certain minimum standards and the Union Pacific has failed to operate it’s train in a reasonably prudent manner to avoid specific individual hazards on its track.
Also, the suit claims that Union Pacific failed to provide adequate audible and visual signals and warning devices at the public railroad crossing.
Witnesses said the train’s operator applied the brakes and sounded the horn, but Guillermo Valdivia did not stop. Sallisaw Police Officer John Owens reported that the inspection of the scene showed the crossing was equipped with cross bucks and stop signs on both sides of the crossing. An inspection of the train engine showed that the headlights, ditch lights, bell and horn were operating at the time of inspection.
Luz Valdivia is asking for punitive damages in an amount exceeding $10,000 and pre and post judgment interest in an amount exceeding $10,000 for medical services, funeral, and burial expenses. Sallisaw attorney Fourth Scoufus is representing Valdivia.
“This is a sad situation for everyone involved and our hearts go out to Mr. Valdivia’s family and friends,” Raquel Espinoza, Director of Corporate Relations and Media for Union Pacific said.
“Our company is investigating what happened, but have not reviewed any claims associated with this accident,” Espinoza said.
