South Dakota Family Sues Railroad After Fatal Train Crash

The family of a rural Brandon man killed in 2009 when a train collided with his truck has filed a lawsuit against the Burlington Northern Santa Fe Railroad.

The Argus Leader reports that the family of Robert Defries filed the lawsuit last week in Minnehaha County. The lawsuit accuses BNSF of negligence for failing to properly mark the intersection near Corson where Defries’ pickup collided with the train.

BNSF officials declined comment. Spokeswoman Amy McBeth says the railroad will “respond through the legal process.”

The lawsuit seeks damages to cover the loss of the 36-year-old plumber’s anticipated income, as well as burial expenses, financial support for his children and damages for pain, suffering and loss.