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The husband of a woman killed as the result of an Aug. 12 traffic accident has filed a lawsuit claiming wrongful death.
Lessli Bays, 28, of Claypool, died on Aug. 15 as a result of her injuries.
The accident involved the vehicle in which Bays was a passenger and a CSX train on the track near the intersection of U.S. 30 and CR 450E, west of Pierceton. Bays' husband, Lester Bays, who is the plaintiff in the lawsuit filed recently in Kosciusko Circuit Court, was the driver of the vehicle. Police said Lester Bays was northbound on CR 450E when he pulled into the path of the train. The train struck the vehicle on its passenger side and flipped it several hundred feet west of the crossing.
Lester Bays, 26, and the couple's 16-month-old child, Brody Bays, also were injured in the accident.
According to the lawsuit filed by Indianapolis attorney David C. Krahulik of Yosha Krahulik & Levy on behalf of Lester Bays, as personal representative of the wrongful death estate, the railroad and its employees, Sam L. Wright and Thomas G. Gabet were negligent. Wright and Gabet were operating the CSX train at the time of the accident.
As a result of the alleged negligence, the lawsuit states that the Lessli Bays estate "is entitled to damages."
Among the unspecified amount of damage being sought is compensation for medical and burial expenses. Court documents also indicate that a trial by jury has been requested.
