LINCOLN, Neb. (AP) — The Nebraska Supreme Court has reversed a judge’s decision to throw out a wrongful death lawsuit filed by the mother of a 13-year-old boy who was killed by a train.
The court said in a 4-2 ruling Friday that reasonable people could have reached different conclusions about who was at fault for the July 2005 crash.
Efrain Ramos-Domingo was killed when he rode his bicycle onto a double set of railroad tracks in Schuyler while the safety gates were down. The boy was struck by a westbound Union Pacific train just after an eastbound train had cleared the intersection.
A Colfax County District Court judge ruled that Union Pacific had not violated its standard of care and concluded that the boy should have looked and listened for the oncoming train.