WYANDOTTE, Mich. — The Michigan Court of Appeals has reinstated a lawsuit against the Grand Trunk Western Railroad involving a teen who was struck by a train in 2012.
The Associated Press reports Jacob Marion, who was 14 at the time, was stuck by a train and severely injured while walking down the tracks while wearing headphones. The case was dismissed by a judge who applied a case from 1899 involving a deaf person struck by a hand car, and said the train crew had tried to warn Marion, but he didn’t respond.
But in the appeals court decision, Judge Elizabeth Gleicher wrote that “a reasonable jury could conclude that [the] defendants had Jacob in plain sight and recognized his peril for a period of time sufficient to react so as not to strike him.”
The case now returns to Wayne County court.
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