Lawsuit filed over train that hit teen

More than a year after her grandson survived being hit by a train, Julie Cruz of Union Gap is seeking justice.

"If they can't straighten the tracks, then they should build an overpass for children, for pedestrians," Cruz said about the Ahtanum Road crossing near Main Street. "There is no safe way to get across there."

Blaine Tamaki, a Yakima attorney, is representing Cruz's grandson, 15-year-old Stephen Smith, in a lawsuit filed against Burlington Northern and Sante Fe Railway Co. The lawsuit was recently filed in federal court and will likely be tried sometime next year.

The lawsuit alleges that the train's conductor and engineer did not try to stop or slow the train in time to prevent the collision, which occurred on April 4, 2007. It also states that the crossing itself is unsafe because it lacks barriers to discourage Eastbound pedestrian traffic.

Tamaki is seeking unspecified damages.

"We hope to make sure that railroad crossings are safer in the future," Tamaki said. "It would certainly be nice if some of the expensive costs of taking care of Stephen could be paid by the company, which contributed to his injury."

Gus Melonas, a spokesman for Burlington Northern, said he had no comment about the case.

Stephen was hit by a the train and sustained numerous broken bones, a fractured liver and permanent brain damage. After numerous surgeries and ongoing therapy at the Willow Springs nursing center in Yakima, Stephen was brought home last September to his grandmother, who was raising his five brothers.

Stephen has no memory of the accident, but has gradually regained his sense of balance and coordination. His hearing improved, he relearned to walk and stand, and he resumed his schooling. He's due to attend Eisenhower High School as a freshman this fall.

He's still confined to a wheelchair, but doctors are optimistic he'll be able to walk again in the next year or two.

Tamaki said the Ahtanum Road crossing is dangerous, and there's no evidence the conductor blew his whistle to warn Stephen of the oncoming train. Instead, according to the lawsuit, the men thought Stephen was "joking" when he was running toward the tracks.

"I believe that it's up to a jury to allocate fault for his injuries," Tamaki said. Stephen "certainly could be found to be partly at fault ... but that does not exonerate the railroad from its role in causing these injuries."

To this day, Cruz said she can vividly remember seeing her grandson's broken body after the crash and she shudders every time she hears a train whistle. Through this lawsuit, she hopes more will be done to improve safety at the Ahtanum Road crossing so no one else gets hurt.

"You hate to come against people. You hate to do stuff like that," she said. "But when it comes to the safety of your loved ones, you have to overlook hurting other people in that sense."

* Erin Snelgrove can be reached at 577-7684 or at esnelgrove@yakimaherald.com

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