Parents sue over boy's death at rail crossing

By Danielle Briones

Published on July 22, 2005

In the July 9 lawsuit, the parents of 14-year-old Joseph Murguia Jr. said the accident could have been avoided if the intersection had gate arms and other warnings to not stand near the moving train. The parents seek more than $10 million in damages from the El Rancho Unified School District, city of Pico Rivera, Los Angeles County, state of California and Metrolink rail company.

According to police, Murguia and a friend were walking home when they saw the train approaching the Passons Avenue crossing. The boys stopped about two feet from the tracks. A forceful wind from the moving train, or "Venturi effect," threw Murguia into the train.

The parents contend the county, which owns part of the property, knew the Passons rail crossing was dangerous. El Rancho High School students frequently walk by that intersection, and residents had complained in the past about safety. But the county failed to "take any reasonable steps to address the dangerous conditions," the lawsuit said.

The lawsuit contends the crossing should've had signs, limit lines, gate arms or other warnings to stand farther away from the tracks.

The county and other agencies wouldn't comment on the case.

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