The Cedar Rapids Gazette

$1 MILLION SETTLEMENT IN LAWSUIT
By Dick Hogan
Gazette courts reporter

A $1 million settlement has been reached in a Linn District Court lawsuit involving a 1989 fatal car-train crash in Cedar Rapids.

The case was to have gone to trial Monday, but the $1 million cash settlement was reached the afternoon of May 29, said attorney Tom Riley of Cedar Rapids.

The suit was filed in June 1990 against the Chicago Northwestern Transportation Co. by the families of Sonia M. Janey and Donald Cowger, both of Cedar Rapids. Janey, 29, a passenger in Cowger's car, was killed in the accident , which occurred Jan. 21, 1989, at the First Avenue SE railroad crossing. Cowger is paralyzed from injuries suffered in the crash, Riley said.

According to the settlement, Janey's estate gets $100,000, which goes to her son Robert, 11, who lives in New York state. Don Cowger, 31, gets $800,000, while his son Jacob, 12, receives $100,000, Riley said.

According to Riley, witnesses indicated the car stopped, perhaps with its bumper protruding over the first set of tracks, and had started to back up when the crash happened.

The plaintiffs contended the crossing was dangerous and should have had signals instead of crossbuck railroad marking signs. They cited several factors in the accident, including the short road approach, the setting sun, partial obstruction of the crossing by trees, stacked rails and railroad ties. The trees were later removed , Riley noted.

The railroad contended the driver and passenger were at fault for not keeping a proper lookout and not stopping for the train, Riley said.

Attempts to reach the railroad's attorney in Des Moines were unsuccessful .

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