The lawsuit, filed in federal court on Tuesday, names John Jacob Alban Jr. and his company, Alban Waste LLC, as defendants, and claims that Alban failed to take proper care when crossing the tracks.
CSX lawyers maintain that Alban failed to slow his truck and “exercise due care” as he crossed the tracks in Baltimore County. The suit also reference numerous safety violations by the company.
The May crash derailed 15 cars and resulted in an explosion that damaged several nearby businesses.
“Before entering the crossing, Alban was legally obligated to slow and stop the Truck and exercise due care, including by looking and listening, to ensure the tracks were clear of approaching trains and that the crossing could be traversed safely,” wrote CSX attorneys Ava E. Lias-Booker and Melissa O. Martinez in the formal complaint.
“Alban Waste knew…or should have known…that Alban was unfit or incompetent to drive and operate its trucks in a reasonable and safe manner,” the document says.
CSX Transportation is seeking at least $75,000 on three counts for damage to the company’s “rails, track structure, locomotive, cars and other property.”