Widows of 3 men killed in Johnson County train crash sue property owners at crossing
The widows of three men killed when a train collided with a Jeep last October in Johnson County are suing the owners of the property where the crash occurred, accusing them of “maintaining a dangerous condition” on the private land.
The wrongful death lawsuit, filed late last month in Johnson County District Court by Jo Anna Corbin, Christine Hamlin and Jessica Moroney, says the property owners failed to lock their gate and clear vegetation around the crossing.
The wreck was reported at 6:37 p.m. on Oct. 10 on a gravel road that intersects with railroad tracks on private property west of Mission Road and just south of the turnoff to Orchard Lane, near the southern end of Overland Park, authorities said at the time.
Three of the four men riding in the Jeep were killed. They were later identified as Kevin Corbin, 40, of Stilwell, and Overland Park residents Troy Hamlin, 40, and Brent Moroney, 37. All left behind young children.
The land owners “had the duty to exercise ordinary care to avoid injury to the decedents during their use of the property and to use reasonable care under all circumstances as to the crossing,” the lawsuit says.
The property belongs to Bob and Barbara Kenney, of Leawood. According to the lawsuit, the private railroad crossing intersects their land as part of an agreement with Union Pacific Railroad. A spokesperson with Union Pacific could not immediately be reached for comment.
According to the lawsuit, that agreement requires that the landowners keep the gate locked on the private road that leads to the railroad crossing. The day of the crash, it was unlocked and open, the suit alleges.
The agreement also stipulates that the property owners have to remove any vegetation within 500 feet of either side of the crossing, according to the suit. That way, views of oncoming trains won’t be obstructed by plants. The court filing alleges that this had not been done on the day of the crash and that vegetation near the southwest corner of the crossing was overgrown.
The day of the crash, a fourth man, Chancie Adams, was driving the Jeep, accompanied by the other three men, which included his friends and brother-in-law.
According to the lawsuit, the men weren’t trespassing because they had “implied consent to enter the property.” They turned down the private road to look at a piece of land that Moroney was considering buying on the other side of the tracks.
When the men later turned around to drive back to the main road, a northbound train collided with the Jeep as they crossed the tracks.
Adams was injured, but survived.
The three widows are asking for economic damages that include loss of income and the cost of medical care and the funerals, as well as non-economic damages, including bereavement.
Brennan Delaney, an attorney for the plaintiffs, declined to comment.
When reached Tuesday, Barbara Kenney said neither she nor Bob Kenney had heard about the lawsuit. She declined to comment further.
The day after the crash, Bob Kenney, 69 at the time, said he did not know who the men were. He said unauthorized visitors frequently drive and walk onto the land, which includes a gravel road and a field.
“It’s terrible,” Kenney said the morning after the crash as investigators in bright yellow vests walked near the tracks behind him with a tape-measure and a notebook.
Kenney said he was horrified by what happened and extended his condolences to the victims’ families. The land has been in his family for more than 100 years and he said nothing like the crash had happened there before.
There are no lights or bars on the private road to warn of oncoming trains. However, gates on either side of the gravel road that crosses the track include signs which read “Posted no trespassing keep out.”
At the time, Kenney estimated trains run through as frequently as once an hour.
The victims
All three men were remembered by family as loving husbands and devoted fathers in the days after their deaths.
Hamlin and his wife had a passion for collecting and restoring classic cars, according to his obituary. He also loved watching Texas A&M football, his alma mater where he studied construction science. His family was the center of his world, loved ones wrote. His children are 7 and 5.
“As their father, mentor, and coach, Troy continually volunteered to coach his children’s sports teams and was dedicated to the happiness and development of their character,” his obituary reads. “To all who know and love him, Troy possessed an insatiable curiosity that allowed for an abundance of hobbies and interests.”
Corbin, born and raised in Kansas City, loved to cheer on the Royals and the Chiefs. He and his wife were partners of Martin City Brewing Company, and he had a passion for technology and problem-solving, his obituary reads. He said his greatest accomplishment was being a father. His children are now 7 and 4.
“There was no task too big or too challenging for him. Kevin was always two feet in, knees deep. Forever knocking it out of the park,” according to his obituary. “Kevin will always be remembered as the superhero he was.”
Moroney and his partner of 21 years share three children together. His kids, now ages 7, 6 and 3, loved to help him run errands and “fix things,” according to his obituary. He loved to go on adventures and served as vice president and partner of Epoxy Coating Specialists.
“Brent was everyone’s best friend and brother they wish they had,” his obituary reads. “His siblings thought of Brent as a mentor, father figure and sought his advice daily.”
