The family of a teenager who had both legs amputated after climbing across a stationary train on the tracks has filed a lawsuit against the railroad company, alleging negligence.
Incident Details
Serenity McMillan, then 13, was struck by a train in Granite City, Illinois, on April 4, 2024, resulting in the loss of both legs. Two years later, her mother, Misty Scott, has taken legal action against Norfolk Southern, claiming the company failed to take adequate measures to prevent the tragedy.
According to a copy of the court filing obtained by the Daily Mail, McMillan, her half-sister, and a friend were walking toward the Granite City Soccer Complex for roller skating when they approached the rail yard. A train had been stationary for ten to fifteen minutes, prompting the children to cross the tracks by climbing across a platform built into the end of a tank car.
The lawsuit alleges that as McMillan attempted to cross, the train began moving 'without notice,' causing her to fall between the moving cars. Her legs were run over by the railcar and became trapped in a track switch after she hit the ground.
When first responders arrived, they were forced to amputate McMillan's legs due to an oncoming train, according to the lawsuit.
Allegations of Negligence
Scott's lawsuit argues that Norfolk Southern is responsible because no proper warning was given 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 at the scene. Furthermore, the filing argues that the rail yard is situated in the middle of a residential area and 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.
Impact on Victim
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.
The Daily Mail contacted lawyers for Wilson and Norfolk Southern for comment. The railroad company has not yet 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 that 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 has started a GoFundMe campaign to raise money following the incident.
