Lawsuit: Railroad and Las Vegas casino’s negligence led to train striking man
A California man suing a railroad company and Las Vegas casino alleges the companies failed to prevent him from accessing railroad tracks where he was hit by a train, leading to two partial amputations.
The lawsuit filed Dec. 26 by Ryan Pettway against Boyd Gaming Corp. and the Union Pacific Railroad Corp. alleged negligence after Pettway accessed railroad tracks near Main Street Station in downtown Las Vegas through an unrepaired hole in a fence in 2023.
Boyd spokesperson David Strow wrote in an email that the company does not comment on pending litigation and did not say whether the fence hole referred to in the lawsuit had been repaired.
Joshua L. Benson, Pettway’s attorney, wrote in an email that he was unavailable to provide comment on the lawsuit.
Union Pacific spokesperson Jill Micek wrote in an email Tuesday afternoon that the company had not yet received the lawsuit and generally does not comment on active litigation.
“The safety of the communities in which we operate is a top priority for Union Pacific Railroad,” Micek wrote. “We remind the public that for their safety and others to only use designated railroad crossings to cross railroad tracks and never walk on or near the tracks. Do not ever try to climb on or through trains and always expect a train: trains can come from either direction at any time.”
Companies ‘failed to maintain’ fence
Pettway was visiting Las Vegas from California and was on the premises of Main Street Station around Dec. 27, 2023, according to the lawsuit. Main Street Station is positioned next to railroad tracks operated by Union Pacific, the complaint stated.
The lawsuit claimed a fence on Boyd Gaming’s property intended to prevent access to the railroad tracks had a hole in it large enough for people to climb through. After Pettway went through the fence’s hole while following others, he was run over by a train, the filing alleged.
Pettway’s injuries resulted in partial amputations of his right leg and his left foot, according to the lawsuit. The complaint claimed that Pettway will most likely require more major surgeries in the future and additional medical care for the rest of his life.
The lawsuit claimed Boyd and Union Pacific should have known people could fit through the fence’s hole because of “obvious indications of homeless people and encampments on the other side,” including the aromas of food cooking and the sounds of people talking.
“Defendants failed to maintain, repair, or otherwise keep the property abutting and upon which the railroad tracks were located in their intended proper state and condition, and to prevent conditions from existing which caused or contributed to causing the incident at issue herein,” the lawsuit claimed. “As a result of breach of duties and negligence of the Defendants herein, Mr. Pettway will suffer continuous and ongoing harms and losses, highly likely for the remainder of his life.”
The complaint said Pettway is seeking more than $75,000 for past, future and punitive damages in addition to costs associated with filing the lawsuit.
Contact Spencer Levering at slevering@reviewjournal.com or 702-383-0253.
