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Published: Tuesday, 11/11/2008

Jury finds crash victim negligent, rejects award

The estate of an Adrian truck driver, who died in an April, 2006, crash with a train, was not awarded any money by a Lucas County Common Pleas Court jury, which decided that Daniel Clore, 62, was partially negligent for causing the crash that resulted in his death.

After a five-day civil trial with Judge James Bates presiding, the jury reached a verdict late Friday that allocated 51 percent of the negligence to Mr. Clore and 49 percent to Norfolk Southern Railway Co.

The jury found that although the railroad was negligent, it did not rise to the level of actual malice.

Mr. Clore was killed when his tractor-trailer hit a train crossing State Rt. 2 near Camp Perry about 1 a.m. The intersection, which was not marked with lights or gates, was the site of several accidents.

Since the fatal crash, the Public Utilities Commission of Ohio directed Norfolk Southern to install lights and gates at the crossing.



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