A 13 year old rides his bike around safety gates and onto train tracks and is hit by a train - now his Mother can sue even though the BOY made the choice to go around the gates?

Source Link:  Mother of Nebraska boy struck and killed by Union Pacific train can proceed with lawsuit

Efrain Ramos-Domingo was killed when he rode his bicycle onto a double set of railroad tracks in Schuyler while the safety gates were down.

A woman whose 13-year-old son was struck and killed by a train can proceed with her lawsuit against Union Pacific Corp., the Nebraska Supreme Court ruled Friday.

The 3-2 decision overturns a district court judge's decision to throw out the case. The Supreme Court said that reasonable people could have reached different conclusions about who was at fault for the July 2005 crash.

 The boy was struck by a westbound Union Pacific train just after an eastbound train had cleared the intersection. Authorities pronounced him dead at the scene.

The boy's mother, Manuela Domingo Gaspar Gonzalez, alleged in her lawsuit that the noise from one train was loud enough to prevent a pedestrian from determining whether there was one train or two at the crossing. A judge also considered evidence that the departing eastbound train blocked the boy's view of the second locomotive until the final seconds before the crash.

A Colfax County District Court judge ruled that Union Pacific had not violated its standard of care and concluded that the boy should have looked and listened for the oncoming train.