A second lawsuit stemming from a fatal 2019 crash involving a train and tractor near Fults is being argued at the federal court level in East St. Louis. 

The Madison-St. Clair Record reported recently that Union Pacific Railroad Company filed suit in August against Kenneth, Anita and Joann Hartman of Waterloo and Glendell Farms in U.S. district court, seeking more than $3.6 million in damages caused as a result of the crash and derailment on June 14, 2019. 

Jonah Matthews – who was driving a tractor for Glendell Farms on a field railroad crossing between Fults Road and Kidd Lake Road when the crash occurred – died in the incident. He was 23. 

An attorney for Union Pacific claims in the suit that the Hartmans had a right to control the manner by which Matthews performed his work and were therefore liable for his acts.

The filing also alleges the Hartmans breached a duty to exercise reasonable care and prevent harm, injury, and damage to Union Pacific property, also stating that Matthews was using a cell phone while operating the tractor at the time of the crash. 

In response, an attorney for the Hartmans argued in federal court on Sept. 22 that Union Pacific caused the derailment and negligently loaded its train with heavy cars to the rear, as reported by the Madison-St. Clair Record.

The attorney for the Hartmans claims Union Pacific is barred from recovering damages because its fault was more than 50 percent.

U.S. District Judge Stephen McGlynn presides over the case.

In 2021, the Matthews family filed a wrongful death suit in St. Clair County Circuit Court against the Hartmans, Glendell Farms and Union Pacific. 

In that suit, attorneys for David Matthews, father of Jonah, allege that “negligent and careless acts or omissions” resulted in Jonah’s death when the tractor he was driving was struck by a train near Fults the evening of June 14, 2019. 

The Matthews family seeks seeking damages in excess of $50,000 from each of those individuals or entities.

The Hartmans and Glendell Farms responded to that filing by stating the “sole proximate cause of Jonah Matthews’ death, and damages alleged by the plaintiff, was Jonah Matthews’ own conduct in failing to exercise reasonable care for his own safety, including but not limited to his failure to stop and look in both directions and yield right-of-way to any oncoming train on said railroad crossing, when he knew from using the railroad crossing numerous times in the past, that trains frequent said railroad crossing,” the response states. 

Likewise, Union Pacific has denied many allegations in the wrongful death lawsuit – including that it acted improperly or failed to act in regard to the crossing where Matthews died.

The wrongful death lawsuit is pending, with a status conference in the case scheduled for Oct. 16 before Judge Christopher Kolker.