A lawsuit filed by McMillan’s mother claimed that the railroad company, Norfolk Southern, did not do enough to prevent the incident. Pictured: The train tracks in Granite City
Scott’s lawsuit argues that the railroad company is responsible because the children were given no proper warning that the train would move.
‘Prior to the train’s movement, the children heard no audible warnings, including but not limited to the sounding of a locomotive whistle or horn or the ringing of a bell – that the train was about to move,’ the filing stated.
The lawsuit also claims that no employees, crew members, conductors, engineers, brakemen, or other railroad personnel were present.
Additionally, the filing argues that the rail yard is situated in the middle of a residential area and claims that Norfolk Southern blocked pedestrian crossings.
‘The closure of these alternative crossings left residents with no reasonable alternative but to cross through the rail yard,’ the lawsuit said.
The lawsuit seeks over $50,000 in damages for medical expenses and emotional distress.
At the time of the incident, McMillan was in the eighth grade and an active junior high school cheerleader, basketball player, dancer and track athlete.
‘As a result of her injuries, she has been permanently deprived of the ability to participate in these and all physical activities,’ the lawsuit said.
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At the time of the incident, McMillan (right) was in the eighth grade and an active junior high school cheerleader, basketball player, dancer and track athlete
The Daily Mail contacted lawyers for Wilson and Norfolk Southern for comment. The rail road company has not filed a response to the lawsuit.
Deven Chavours, whose daughter, Gabby, is a friend of McMillan, told KSDK that McMillan is a ‘sweet bubbly’ girl, and they are thankful she is alive.
‘Serenity is a sweet bubbly little girl. Thank God she is still with us because that could’ve went a different direction,’ she said.
The family started a GoFundMe campaign to raise money after the incident.
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