Judge announces decision in civil lawsuit over Carlsbad train crossing

Posted at 2:54 PM, Oct 12, 2017
and last updated 2017-10-12 23:51:28-04

SAN DIEGO (KGTV) - A jury ruled Thursday in favor of the City of Carlsbad for a train accident that killed a 22-year-old man.

The family of Patrick Terrin filed a civil lawsuit accusing the rail company, City of Carlsbad and others of not having proper warnings at the Grand Avenue crossing where the collision took place.

In a statement family attorney Daniel Balaban said, “This is not the outcome we hoped for but we’re glad we had the opportunity to go to trial and expose how the city has refused to do anything to fix this public safety hazard. City managers are now on notice for failing to safeguard a dangerous railroad crossing. How many more pedestrians need to die before something is done to prevent more senseless tragedies?”

Terrin was celebrating his sister's birthday at a bar the night of the fatal accident in 2014. On the way home, Terrin was hit. There was a no crossing bar on his side of the tracks.

RELATED: Team 10 reports on concerns over rail crossing

During the trial, a railroad expert testified that a Carlsbad train crossing is one of the most dangerous in the country. 

According to the North County Transit District, a total of seven people were hit there in the three years before Terrin's death. Four of them were killed.


RELATED: In her words: Sister of man killed by train

Terrin was visiting San Diego from the east coast. His trip was supposed to end with his brother's wedding. The wedding became Terrin's funeral.

A spokesperson for the city of Carlsbad told 10News in a statement, "We appreciate the jury’s time and thoughtful consideration of the legal issues involved with this case.  A young man lost his life, and that is a tragedy."