Family files wrongful death lawsuit against Union Pacific following deadly August incident

EL PASO, Texas -- A local law firm is suing Union Pacific railroad over the death of one of its conductors.

Mario Navarro was killed on August 29 when a train passing through a construction zone hit a specialized device and fell off the tracks. Glasheen, Valles, and Inderman injury lawyers argue Union Pacific should be held responsible.

Navarro was with his crew working in an area that lawyers now argue was poorly lit and undergoing construction.

It happened on the 7700 block of Barton in the lower valley. The law firm says that Navarro and his crew were told to move some train cars into that area.

The lawyers say that, according to witnesses, the crew questioned whether it was safe to go into the yard. They say the supervisors allegedly insisted they go in.

"It is incredibly difficult having lost, you know, the love of my life and the father of my children," said Navarro's wife Monique.

She says she'd heard her husband speak about the allegedly relaxed attitude of his supervisors towards the overall safety of employees.

"The purpose of the lawsuit is, of course, to seek damages for the family, but more importantly, we're seeking justice," said attorney Kevin Glasheen.

Investigators say in the hours before the derailment, crews had been doing construction in the area. They had placed a device on the rails designed to derail a train in case it accidentally entered the area as they worked. Investigators say the device was supposed to be taken off the rails when construction stopped for the day. But that device was still in place when Navarro entered the area, leading the train to derail and fall on top of him. Navarro's lawyers also argue there were employee complaints filed starting in April of 2022 that the area was poorly lit and filled with weeds.

They argue mistakes and neglect by the railroad led to Navarro's death.

"The Navarro family of course, wants justice, they want to hold the railroad fully accountable, and they want to make sure this never happens again to anybody else," said Glasheen.

A spokesperson for Union Pacific says the company is reviewing the court filing.

"I absolutely want everyone to know that he was so much more than simply a conductor who lost his life that night. Mario and I were married for close to, it would have been close to two decades. You know madly in love. He was an incredibly loyal and honest man. My two children who are now 14 and 12, their birthdays were only a week and a couple of weeks after this happened. Really just the ideal partner, life partner and father. He was absolutely my soul mate."