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E-mail StoryFamily sues over fatal accident
Suit claims officials knew about dangers
| Friday, Jan 4 2008 9:50 PM
Last Updated: Friday, Jan 4 2008 9:54 PM
A fatal accident more than a year ago has triggered a lawsuit that goes to hearings next week.
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Rafael Marin Carrillo died after his car was hit by a train in the tracks at Kratzmeyer Road and Santa Fe Way the afternoon of Nov. 29, 2006.
The intersection was dangerous due to the way the roads were laid out and because of the lack of crossing bars that would block cars from crossing the tracks when a train was near, the suit alleges.
The suit was brought by Christina Marin on Nov. 28, 2007, on behalf of herself and the children of Rafael Marin Carrillo against the Burlington Northern Santa Fe Railway, the County of Kern and the state of California.
The suit alleges the railroad and county and state governments knew the railroad crossing was dangerous and "chose to point the finger at one another to avoid the cost of fixing the problem."
Mary Young Williams, 79, was killed Feb. 17, 2005, at the same location.
Attorneys for Marin did not return calls for comment Friday.
An order to show cause is scheduled for Monday and a case management conference is scheduled for April 21, according to the Kern County Superior Court Web site.
Lena Kent, a spokeswoman for the Burlington Northern Santa Fe Railway, said the company does not comment on pending litigation.
Top Kern County lawyers were out of the office Friday and unavailable to comment.
Kern County Roads Commissioner Craig Pope said the intersection has since been improved to prevent other tragedies.
"We put a little median in and the railroad put the crossing arms in," Pope said.