The mother of a boy whose feet were severed by a train last summer when he was playing close to tracks near his St. Paul home is seeking damages from the railroad company, according to documents filed Wednesday in Ramsey County District Court.

A lawyer for Kimberly Farr, mother of Marshawn Farr-Robinson, said her son was injured, in part, because Burlington Northern Santa Fe (BNSF), which owns the tracks, was negligent, according to attachments to a notice filed requesting that the legal case be moved to federal court.

The accident happened on Aug. 15 near train tracks close to Farrington Street and W. Ivy Avenue. Witnesses said the boy, then 9, appeared to try to jump onto the ladder of a slow-moving train before he fell. Injured, he crawled from the tracks and was helped by passersby.

The legal documents served on BNSF allege that the railroad company violated Minnesota fencing laws and should have had fences on each side of the tracks. They also allege that BNSF didn’t use reasonable care by failing to give adequate audible warnings.

BNSF responded in legal documents by stating that the boy caused his own injuries by illegally trespassing on railroad property and attempting to ride a moving train.

 

NICOLE NORFLEET