The family of a Denver man killed by a train near Las Vegas in September is suing Amtrak in state district court for wrongful death and negligent infliction of emotional stress.
The family contends his line of sight was blocked by vegetation and he was therefore unable to see a fast approaching Amtrak train.
Fred Stark was killed on September 11 as he crossed the tracks near a city garbage station.
Amtrak, Burlington Northern Santa Fe Railway, the City of Las Vegas, San Miguel County and Ride to Pride Partnership are listed as defendants in the suit filed in state district court last week.
A spokesman for Amtrak had no comment.
Another man was killed at the same crossing on Jan. 15.