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November 3, 2009

Widow sues railroad company, others

By BOB GIBBINS

The widow of a Tahlequah truck driver who died after his tanker collided with a train in Grant County is suing the railroad company and others.

Tina Etherton filed her suit Friday afternoon against Union Pacific Railroad, Anderson Gas and Propane, Jamestown Insurance Co., Conoco Phillips Pipeline Co. and the estates of Larry Williams and John Does.

Etherton’s husband, Dennis, died in a Wichita, Kan., hospital after the crash.

Dennis drove for Anderson Gas and Propane; Williams and the John Does worked for Union Pacific. Jamestown Insurance carries the insurance for Anderson Gas and Propane.

Williams was the engineer of the train involved in the collision with Etherton’s tanker, which occurred near the Conoco Phillips Mid Continent Transfer Facility.

The suit states Etherton was driving a tanker trailer filled with liquid propane at the Conoco Phillips facility. The suit alleges the crossing is poorly designed, with limited sightlines and inadequate warning devices.

The collision caused a violent and fiery explosion, the suit states, and Etherton was burned over half his body.

The suit alleges the railroad company failed to maintain its crossing in good repair and in safe and reasonable condition.

It also claims the crossing wasn’t properly marked and maintained.

Etherton seeks damages from each of the defendants in excess of $10,000. Punitive damages are sought from all of the defendants, along with court costs and attorney fees.

Tina Etherton is represented by Lowell Howe, a Muskogee attorney.

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The use of cell phones while driving is increasingly becoming an issue. What do you think about cell phone use by emergency personnel, like law enforcement officers, EMTs, firemen, etc.?

• If the law allows the common citizen to use cell phones while driving, emergency personnel should be able to also.
• Emergency personnel should be held to a higher standard. Since they are often driving faster than normal, they should not be allowed to use cell phones while driving, even if other citizens can.
• They should be allowed to use them like anyone else, but their host entities (hospitals, fire departments, cities, etc.) should carry extra insurance for this reason.
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