Woman struck by train sues railroad

By Matthew Junker <mjunker@tribweb.com> TRIBUNE-REVIEW Friday, November 5, 2004

A Jeannette woman who was slightly injured after being struck by a train while walking along railroad tracks sued Norfolk Southern Corp. Thursday for failing to warn pedestrians that trains travel on tracks.

Patricia M. Frankhouser, of 910 Scott Ave., is seeking an unspecified amount in excess of $30,000 from the Norfolk, Va., rail transport company for the Jan. 6 incident that left her with a broken finger, cuts on her hand and pain, according to the suit.

Greensburg attorney Harry F. Smail Jr., who represents Frankhouser, didn't return a call seeking comment.

Within the filing, he argues that the railroad was negligent for failing to post signs warning "of the dangers of walking near train tracks and that the tracks were actively in use."

According to the suit, Frankhouser was walking along the tracks near Seventh and Eighth streets in Jeannette.

"Defendant's failure to warn plaintiff of the potential dangers negligently provided plaintiff with the belief she was safe in walking near the train tracks," the suit states.

The filing does not state why Frankhouser failed to hear the oncoming train and get out of the way.

It also does not state if she was crossing the rail bed or walking in between, or along, the tracks.

The case has been assigned to Westmoreland County Judge William J. Ober. No hearing has been set.

Matthew Junker can be reached at mjunker@tribweb.com or (724) 837-0240.

original: http://www.pittsburghlive.com/x/search/s_269598.html