OXNARD : Man Whose Leg Was Severed Sues Railroad
A man whose leg was severed when he was hit by a train last year has filed suit against Southern Pacific Transportation Co., the city of Oxnard, Ventura County and the state of California.
Rogelio Angel Fonseca of Oxnard claims the railroad company “carelessly and negligently maintained” the area of the railroad tracks near 255 E. 5th St., causing him to lose most of his leg when he was struck by a train on May 3, 1992.
The lawsuit alleges that Southern Pacific failed to prevent public access to the railroad tracks, failed to maintain warning signs in the area and allowed nearby fences to become damaged and ineffective.
The suit, which seeks compensation for lost wages, medical expenses, loss of earning capacity and other damages, was filed in Ventura County Superior Court Monday. No monetary amount in potential damages sought was listed in the suit.
John G. Hartnett, the Oxnard attorney representing Fonseca and his wife in the lawsuit, did not rule out a settlement.
“We’re always open to settlement, but at this stage I have no comment about that,” he said.
Officials from Southern Pacific could not be reached for comment.
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