Civil lawsuit scheduled for fatal tractor-train collision in County Worth
NORTHWOOD, Iowa – A lawsuit was filed for a fatal tractor-train collision in 2018.
It happened on May 8, 2018, at the level crossing on Ulmus Road. Authorities said Brian Gene Nack, 59 from Grafton, was driving a tractor south of Ulmus when he was hit by a train. Investigators say a sprayer attached to the tractor took the brunt of the impact, spinning the tractor and ejecting Nack.
Nack died of his injuries.
Brian Nack’s estate and his widow, Regina M. Nack, sue the Canadian Pacific Railway Company, the Dakota, Minnesota & Eastern Railroad Corporation and Worth County.
The lawsuit alleges that the crossing on Ulmus Road is “very dangerous”, that there were no appropriate warning signs and signals, that the train did not signal its approach and that visual obstacles were allowed to remain in place at the crossing.
The defendants responded to these allegations by stating that Nack attempted to park in front of the oncoming train and that negligence was the cause of his death, and that federal and state laws regarding rail safety and level crossings prevail or exclude the legal claims of the plaintiff.
A trial is scheduled to begin on September 7, 2022 in Worth County District Court.