The family of a teen who had both legs amputated after climbing across a train sitting on the tracks claims the railroad company is responsible.
Serenity McMillan, then 13, was struck by a train in Granite City, Illinois, and lost both of her legs on April 4, 2024.
Two years later, her mother Misty Scott has filed a lawsuit against Norfolk Southern, claiming the railroad did not do enough to prevent the incident.
McMillan, her half-sister and their friend were walking towards the Granite City Soccer Complex to go roller skating when they approached the rail yead, according to a copy of the court filing obtained by the Daily Mail.
A train was sitting stationary for ten to 15 minutes, so the children decided to cross the tracks by climbing across the platform built into the end of a tank car, the lawsuit stated.
However, when McMillan attempted to cross the train, it allegedly began moving 'without notice' and she fell between the moving cars.
Her legs were run over by the railcar and got stuck in a switch on the track after she hit the ground.
When first responders arrived at the scene, they were forced to amputate McMillan's legs due to an oncoming train, the lawsuit claimed.
Serenity McMillan, then 13, was struck by a train in Granite City, Illinois, and lost both of her legs on April 4, 2024
A lawsuit filed by McMillan's mother claimed that the railroad company, Norfolk Southern, did not do enough to prevent the incident. Pictured: The train tracks in Granite City
Scott's lawsuit argues that the railroad company is responsible because the children were given no proper warning that the train would move.
'Prior to the train's movement, the children heard no audible warnings, including but not limited to the sounding of a locomotive whistle or horn or the ringing of a bell - that the train was about to move,' the filing stated.
The lawsuit also claims that no employees, crew members, conductors, engineers, brakemen, or other railroad personnel were present.
Additionally, the filing argues that the rail yard is situated in the middle of a residential area and claims that Norfolk Southern blocked pedestrian crossings.
'The closure of these alternative crossings left residents with no reasonable alternative but to cross through the rail yard,' the lawsuit said.
The lawsuit seeks over $50,000 in damages for medical expenses and emotional distress.
At the time of the incident, McMillan was in the eighth grade and an active junior high school cheerleader, basketball player, dancer and track athlete.
'As a result of her injuries, she has been permanently deprived of the ability to participate in these and all physical activities,' the lawsuit said.
At the time of the incident, McMillan (right) was in the eighth grade and an active junior high school cheerleader, basketball player, dancer and track athlete
The Daily Mail contacted lawyers for Wilson and Norfolk Southern for comment. The rail road company has not filed a response to the lawsuit.
Deven Chavours, whose daughter, Gabby, is a friend of McMillan, told KSDK that McMillan is a 'sweet bubbly' girl, and they are thankful she is alive.
'Serenity is a sweet bubbly little girl. Thank God she is still with us because that could've went a different direction,' she said.
The family started a GoFundMe campaign to raise money after the incident.