Updated:
Original:

Railroad, fraternity sued for UND student's rail yard death in 2012

Author:

The parents of a college student who died two years ago as a result of an accident in a rail yard in Grand Forks, N.D., are suing the railroad and a fraternity, claiming both parties contributed to their son's death, WDAY reports.

Blake Ayling, 20, a student at the University of North Dakota, was found dead the morning of March 24, 2012, at the rail yard in Grand Forks. He apparently took a shortcut through the yard, which is on the south end of the UND campus. Authorities have said he died of blood loss after his right arm got tangled in a train and was torn off, the Associated Press reports. His death was ruled an accident.

Ayling's roommate said he frequently walked through the rail yard because it was a shortcut back to campus.

Corey and Robin Ayling, who live in Minneapolis, filed the personal injury lawsuit last month against BNSF Railroad and the Pi Kappa Alpha fraternity, and are seeking at least $50,000 in damages, according to the Grand Forks Herald.

The Aylings claim BNSF knew pedestrians frequently crossed through the rail yard but did not attempt to warn them, or put up barriers to prevent them from walking through the yard.

The lawsuit says the area is dangerous to pedestrians because BNSF crews move the railcars by remote control, and may not be in sight of the moving cars, according to the Herald.

BNSF spokeswoman Amy McBeth said the company is reviewing the lawsuit and will "respond through the legal process."

As for the fraternity, the lawsuit claims it contributed to Ayling's death by allowing him to drink alcohol on their premises. Ayling attended a party at the Phi Kappa Alpha house the night before he died, according to the Herald. An autopsy showed Ayling's blood-alcohol level was .287 at the time of his death. The legal limit is .08.

The fraternity did not respond to requests for comment.

Next Up

Kirk Cousins

Kirk Cousins makes big donation to Vikings' social justice committee

The committee works on issues such as criminal justice reform, education and voter registration.

Meghan Roth Go Fund Me

Accomplished MN runner goes into cardiac arrest during Boston Marathon

Other racers jumped in to give the 34-year-old mother CPR, saving her life.

Flickr - Winston Smith memorial uptown June 4 - Chad Davis

Review reveals body cam video from aftermath of Winston Smith shooting

While no video of the shooting exists, an officer captured some video immediately afterward.

classroom mask

Parents object to Minneapolis Schools' 14-day COVID exposure quarantines

Other Twin Cities school districts do not have quarantine protocols quite as strict as in Minneapolis.

Pixabay - police lights, tape

Good Samaritan has car stolen while tending to man stabbed in neck

The thief then ran into the good Samaritan while driving off.

Screen Shot 2021-10-13 at 3.17.46 PM

Minnesota family learns their baby has extremely rare, fatal disease

The baby's mother is hoping to provide her son with the best life possible.

unsplash - water close-up

Sheriff: Human jaw bone found near Staples is 'ancient,' not recent

It was one of four bones found by a group of people over the summer.

Fargo sex offender grinder - north dakota site

Police: Armed sex offender wanders into 2 Fargo homes

Nobody was injured and the man was eventually located via a GPS ankle monitor.

Xcel Energy Center

Wild season opener Friday night isn't on regular TV

Friday's game is one of five games that will be streamed this season.

polar bear como zoo

Young polar bear joining the celebration at Como Zoo

The bear is part of a new Burr on Fur program that will help wild polar bears.

Gaffigan-foxworthy-side-by-side

Jim Gaffigan, Jeff Foxworthy recording MN shows for Netflix

The streaming giant will film their upcoming performances for future stand-up specials.

Giant Beaver fossil

Minnesotans vote for giant beaver to become official state fossil

The Science Museum held a vote, which the extinct, 200-pound beaver won.

Related