Hempfield rail crossing won't reopen
Closed
Barry Reeger | Tribune-Review
Franklin Kalish
Drew Myers
Richard Gazarik is a Tribune-Review staff writer and can be reached at 724-830-6292 or via e-mail.
The state Public Utility Commission has ruled that a railroad crossing in Hempfield where two teenagers were killed in 2002 should never reopen.
PennDOT, Hempfield and Norfolk Southern railroad agreed that a permanent closing of the crossing is the best way to prevent accidents, according to a commission ruling.
On May 30, 2002, Franklin Kalish, 16, and Drew Myers, 18, both of Manor, were killed when a freight train plowed into a 1999 Saturn driven by Brandy M. Mowry, 27, of West Newton. Mowry and a third passenger, Jeremy Mason, were injured.
The crossing, known locally as the Wegley or Penn Manor crossing, bisects Railroad Street in the village of Wegley and has been closed since the accident. Pedestrians do not use the street, according to the PUC, and there is limited vehicular traffic there.
In June, the three parties agreed "this railroad crossing should be closed permanently."
Under the agreement, Norfolk Southern will pay the township $42,500 to defray the cost of closing the crossing, which will require the removal of asphalt and the installation of concrete barriers to prevent traffic from crossing.
The agreement gives the township and railroad six months to complete the closing. Hempfield manager Kurt Ferguson said work hasn't started, but it should be done by December.
PennDOT balked at reconstructing the site, citing a lack of funding and the fact that the state has no responsibility because Railroad Street is a township road and the crossing is owned by Norfolk Southern.
The PUC said local traffic and emergency services have not been impacted by the closing for the past eight years.
Between 60 and 70 trains, including four passenger trains, pass through Wegley every day, according to the PUC. The speed limit in the area is 50 mph.
In 2006, Mowry pleaded guilty to two counts of involuntary manslaughter, reckless driving and failure to use seat belts. She was sentenced to four years on probation.
The families of the victims filed civil lawsuits in 2004.
The Kalish family sued the railroad, township, state, Mowry and the PUC, arguing the crossing had no warning gate or flashing lights to alert motorists of an approaching train. The lawsuit also argued that trees and the hillside blocked drivers' field of view, making it difficult to see oncoming trains. The lawsuit was settled out of court in 2006, according to court records.
The Myers family sued the PUC, citing similar arguments. That case was settled in 2008, according to court records.
Financial terms were not disclosed in either case.
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