CLAIM: FLAGGER FACING WRONG DIRECTION. IGNORED PEDESTRIAN, TRAIN IN “QUIET ZONE.”
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — Brightline is facing a major wrongful death lawsuit filed by the family of a man killed by a Brightline train in Boca Raton in 2022. The lawsuit makes several significant claims, including the allegation that a flagger — paid to watch the crossing at SW 18th Street in Boca Raton during rail construction — was actually facing the wrong way as a train approached and killed father and husband James Ostrowski. The intersection was in a “quiet zone” at the time of the death. The train’s engineer was not allowed to use a horn. The flagger was required to warn pedestrians if a train was approaching, but failed.
The suit also makes the broader claim that Brightline is using a railway designed in the 1800s and never upgraded to modern-day standards. Brightline is considered the deadliest rail operation in the United States. The following is the core of the lawsuit just filed in Palm Beach County Circuit Court and obtained by BocaNewsNow.com:
“On October 25, 2022, the decedent, JAMES OSTROWSKI, was crossing the train tracks located at or near the intersection of SW 18 Street and S. Dixie Highway in Boca Raton, Florida. 48. He was heading eastbound from the southwest side of SW 18th Street. 49. This particular railroad crossing was in a “Quiet Zone” which required the presence of additional advanced warnings to drivers and pedestrians. Those additional warnings included a “No Train Horn” sign in compliance with Federal Law and the Manual on Uniform Traffic Control Devices.
On the date of time of the incident, the sign that purportedly was there to warn drivers and pedestrians of the “Quiet Zone” did not comply with Federal Law and the Manual on Uniform Traffic Control Devices as the lettering on the sign was faded and essentially invisible. 51. This particular crossing also has significant visibility issues preventing individuals west of the tracks to see trains heading northbound on the tracks.
There is a significant curve with the track angled from southwest to northeast and lots of foliage. Prior to October 25, 2022, there were issues with the tracks in the area given the construction being done at the Boca Raton station and other operational issues. As such, one or more of the Brightline Defendants, BT, BH, FECR, and/or FECI, would hire RFS to provide operational services at this particular intersection. At the time of the incident, there was a roadway worker in charge or “flagger” employed by Defendant RFS, on behalf of one or more of the co-Defendants, to provide operational services at this crossing. He was located east of the tracks south of SW 18th street.
Decedent, JAMES OSTROWSKI, would begin to cross the railroad tracks and almost a step before safely making it across, he was stuck by the Brightline train and killed. The roadway worker in charge or “flagger” working for Defendant RFS, on behalf of one or more of the co-Defendants, was allegedly facing eastbound, away from the tracks, when the incident occurred. On information and belief, the failure to have a “No Train Horn” sign warning of the “Quiet Zone”, combined with the presence of the roadway worker in charge or “flagger” facing away from the tracks, the lack of any train horn, and the history of recent issues at the particular crossing, led the decedent to believe he could safely cross the tracks only to ultimately be killed.”
Read the complete lawsuit, which includes the history of Florida railways, below. The suit seeks in excess of $50,000 which is the statutory minimum for filing in Palm Beach County Circuit Court. The Ostrowski family is represented by Attorney Todd Baker at Kogan and DiSalvo in Boynton Beach. Brightline had not responded to the suit as of mid-day Saturday through documents processed by the Palm Beach County Clerk of Courts.
