Ontario mother has 18 days to respond to CN lawsuit over son's crash
Published Thursday, July 11, 2013 8:36AM EDT
Last Updated Thursday, July 11, 2013 8:59AM EDT
A grieving Ontario mother says she has yet to decide how she will respond to a lawsuit filed against her by CN Rail over damage and delays caused by an accident in which her son was killed.
Sharon Jobson was served with papers at her home on Tuesday. The suit is seeking $500,000 in damages over the accident, which occurred on July 29, 2011.
On that day, Jobson’s 22-year-old son, John, was behind the wheel of his pickup truck when he collided with a westbound Via train near Glencoe, west of London, Ont. He was killed, and six passengers on the train were injured.
The lawsuit alleges John was negligent and responsible for the collision because he failed to heed a warning sign and the train’s whistle and stop his truck at the rail crossing. CN says repairing the track and other costs associated with the accident were significant.
Jobson is named in the lawsuit because she is the executor of her son’s estate.
On Thursday, Jobson said she has not decided how to respond to the suit, which she had no idea was in the works until she was served. She has received a lot of input from sympathetic members of the public, including one who told her to contact her son’s insurance company.
“I’ll wait until next week when my lawyer returns and he’ll advise me what to do,” Jobson told CTV’s Canada AM.
Jobson has 18 days to respond to the suit, the deadline being the second anniversary of her son’s death.
“Honestly I don’t want to be doing this at this time,” Jobson said. “I just want to have a peaceful time right now. I wish this wasn’t upon me. I wish they hadn’t done it this way.”
CN declined to comment to CTV News about the suit.
Since the accident, Jobson has lobbied to have full lights, gates and bells installed at the crossing, which only had a stop sign at the time of her son’s death.
A Transportation Safety Board report on the accident found that John had failed to stop at the crossing, but noted that buildings located near the railway crossing and vegetation along the track prevented both him and the train crew from noticing each other well in advance.
The TSB report also suggested that the train’s horn needed to be upgraded.