Lawsuit filed against Brightline Trains Florida, LLC, for alleged negligence in a railway crossing death in a designated "quiet zone."

BOCA RATON, FL, UNITED STATES, December 4, 2024 /EINPresswire.com/ -- The family of James "Jim" Ostrowski, a 74-year-old retired executive and longtime Boca Raton resident, has filed a wrongful death lawsuit against Brightline Trains Florida, LLC, and related entities, alleging negligence in connection with his death at a railway crossing designated as a "quiet zone."

Mr. Ostrowski was struck and killed by a Brightline train on October 25, 2022, near the intersection of SW 18th Street and South Dixie Highway.

The lawsuit, filed by Carol Ostrowski, Mr. Ostrowski's wife of 52 years and the representative of his estate, claims that inadequate safety measures at the crossing—including faded "No Train Horn" signage and poor visibility—led to the fatal incident. "This tragic and preventable loss has deeply affected our family," said Mrs. Ostrowski. "We hope to hold Brightline accountable and push for critical safety reforms."

Key Allegations:

• Inadequate Safety Signage: The "No Train Horn" sign at the crossing was allegedly faded and unreadable, in violation of federal standards, contributing to confusion about train activity in the quiet zone.

• Visibility Issues: Dense foliage and a unique curvature of the track impaired the view of approaching trains, making it difficult for pedestrians to assess potential danger.

• History of Safety Concerns: The lawsuit highlights Brightline's designation as the deadliest train per mile in the U.S., with dozens of fatalities since its launch in 2017, some under similar circumstances.

Seeking Change:

The lawsuit emphasizes the family's intent to prevent further tragedies. "This isn't just about Jim," said Todd Baker, the family’s attorney from Kogan & DiSalvo, P.A. "It's about ensuring Brightline adopts real and lasting safety measures to protect the public."

Background:

Mr. Ostrowski, a former CEO at Sara Lee/Hanes Underwear and advisor at Florida Atlantic University, was known for his dedication to his family, community, and fitness. On the day of the incident, he was walking to meet his wife at a local gym, seeking extra exercise. His family has described him as "an active and loving patriarch" who looked forward to many more years of happiness with his loved ones.

The lawsuit underscores Brightline’s public pledges to exceed federal safety standards, yet alleges that these commitments have not been realized. Despite the ongoing $45 million federally funded safety initiative announced in 2022, the lawsuit questions whether these measures have been adequately implemented.

A Call for Accountability:

The Ostrowski family demands Brightline accept responsibility for its role in Mr. Ostrowski’s death and urges federal and local authorities to enforce stringent safety standards. "Every life lost is one too many," Baker stated. "This lawsuit is a step toward making Brightline’s operations safer for everyone."

For more information or to schedule an interview, please contact:
Todd Baker, Esq.
Kogan & DiSalvo, P.A.
Phone: (561) 375-9500
Email: tlbaker@koganinjurylaw.com
CASE NUMBER: 502024CA010201XXXAMB

End of Release
Note: This press release has been prepared in accordance with the Florida Bar Rules of Professional Conduct, including Rule 4-7 on communications and Rule 4-3.6 on trial publicity, and avoids language that could be deemed misleading or prejudicial.

Christine Stewart
Kogan and DiSalvo
+1 561-375-9500
christine@koganinjurylaw.com
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