Frank Irby of Mobile, AL was one of the workers on the train that day, and he wants compensation for his personal injuries and medical care.
Thursday, Irby's attorney filed suit against CSX Transportation, Allen Beverages, and Nicholas Contreras - the D'Iberville man who was driving the Pepsi truck.
The lawsuit states that the CSX tracks and crossing were not in compliance with the company's own safety rules, industry standards, and violated federal regulations. It goes on to say Allen Beverages also violated industry standards related to the operation of a tractor-trailer around railroad crossings.
"Through the acts and omissions of its driver [Allen Beverages] was grossly negligent and/or malicious in that its conduct was the product of a conscious
disregard for the health and safety of the Plaintiff and others similarly situated," the lawsuit reads, in making the case for punitive damages from Allen Beverages.
Witnesses said after getting stuck on the tracks, Contreras jumped out of the truck and called 911. Minutes later, he attempted to flag down the oncoming westbound train - but it was too late. The train plowed into the truck, pushing it about 50-yards down the tracks.
Frank Irby wants to be reimbursed for his medical expenses, compensated for his pain and suffering, and given punitive damages. His attorney expects a jury hearing the case could award him more than a million dollars based on the severity of his client's injuries to his neck, back, right shoulder, and other parts of his body.
The lawsuit states Irby "has suffered physical pain and suffering and mental anguish and in all reasonable probability, will continue to suffer in this manner for the balance of his life."