A DeKalb County jury has found in favor of the Union Pacific Railroad in a wrongful death lawsuit involving the 2009 death of Adam Romesburg in a vehicle-train accident at the First Street Railroad Crossing. The plaintiffs in the case were Mr. Romesburg’s mother, Nancy Wilson and father, Randall Romesburg.
The jury ruled Nov. 9 in favor of the railroad in the accident, which occurred Dec. 9, 2009. Mr. Romesburg, 30, was a passenger in a 2001 Plymouth Neon driven by 24-year-old Nancy Nikkole Groves. Mrs. Groves and a second passenger, 28-year-old Nina Spencer, also died in the accident. In the petition, Ms. Romesburg alleged that two Union Pacific employees, Gerald Shrum and Ed Taft, were negligent in maintaining and operating the railroad, which resulted in Romesburg’s death. She alleged that the railroad crossing is unusually hazardous and dangerous in that the view of the driver was obstructed by a steep incline with a severe hump and by greenery adjacent to First Street, including trees, bushes, weeds and other vegetation. Ms. Wilson also alleged that passive signing did not indicate when the train is approaching the crossing, making it a hazard and dangerous. Crossing bars and signals have since been installed at that crossing.
The case was moved to DeKalb County on a change of venue from Grundy County, with 43rd Circuit Judge Thomas Chapman presided over the case.
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