CSX to pay family of teen killed by train $1.6 million, mother mourns loss

Reported by: Ryan Smith
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Updated: 7/27/2012 11:37 pm
JACKSONVILLE, Fla. -- A local mother is feeling a small measure of justice for her son, killed by a train. A jury says the company that operates the train was at fault for the teen's death but she would gladly trade that money for the son she lost more than four years ago.

No matter how much time passes, Angie Whiddon’s pain always feels fresh. It’s been four years since she lost her first born child, a football fanatic as she describes. Yet, everyday is still a struggle to get out of bed.

“The hardest part is waking up everyday knowing that my boy is not here. That’s hard enough,” said Angie.

In May 2008, 17-year-old Wesley Whiddon and two friends were on the railroad bridge over Black Creek fishing off of a trestle. Wesley was hit and killed by a CSX train. The local football star's family sued CSX Transportation for negligence. They argued the train didn't slow down even though the crew saw the three boys’ running. The lawsuit also cited faulty braking equipment. Issues Angie hopes can be prevented in the future.

“There's not a moment that goes by that we don't live this over and over and over."

A jury awarded the family $1.6 million. Although Angie didn't want to talk about the lawsuit she says that Wesley's death impacted the entire Clay County community. Now she's focused on raising her other three sons.

“Wesley made his life, he made it count for the time that he was here,” said Angie.

Wesley's legacy will live on through a number of fundraisers and a local scholarship. That’s what his mother is most proud of. The Wes Whiddon Scholarship provides money for Clay County seniors to go to college. So far, they have helped 15 students with money for higher education.
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The views expressed here do not necessarily represent those of Action News Jacksonville

Terri75 - 7/30/2012 7:50 PM
0 Votes
he was a football star rules and signs except on the field don't apply to him...it cost him his life and affected a lot of people. I agree the people on the train should sue the family for the pain and suffering they have to endure because they ignored the NO TRESPASSING signs.

dashell264 - 7/30/2012 8:22 AM
2 Votes
The crew may have took time off due to the mental anguish. If the mother says the money is nothing compared to losing her son, why doesn't she donate it to charity?

tlynn - 7/29/2012 10:13 PM
0 Votes
bballdad, I'm not sure where you get your info, but I think you are mistaken about the engineer or any crew not being with the company because of this. I agree that emotional issues are definitely a concern, but I don't believe he lost his job because of this incident.

AngryGuy - 7/28/2012 10:58 PM
4 Votes
First off, it is very sad that this young man lost his life. no one can argue that. It is tragic and no one deserves to have their life cut short. However it is a shame that someone can hold a company accountable for an accident that happened as a result of someone breaking the law. there is not 1 sign but 4 signs at the scene of the accident clearly stating that it is against the law to be here.We seem to live in a world where having a lack of common sense can be profitable. A 2 year old knows not to touch the stove, why because it's hot and it will hurt. I don't know why it is so hard for people to admit when it's their fault. People need to go back to OWNING their own mistakes. @ the age of 17 I am sure that the young man knew the dangers of what he was doing, and chose to ignore. I myself at his age had done the exact same thing many times, but I also knew the risk. Back when I was a kid I had broken bones at friends houses climbing trees. Our parents never once did I ever hear the word lawsuit. It's a shame. I guess As long as there are all those ambulance chasing ,greedy ,been hurt in an accident, pond sucking scumbag lawyers around this kind of crap will never end. My disclaimer: not all lawyers are as described above, although it seems to be not likely . and if you are a lawyer and are not as described above then you are ok in my book. We need to get back to owning our mistakes and stop the blame game. "It's not my fault" is going to be the demise of our society.

silverdove1020 - 7/28/2012 5:55 PM
3 Votes
I feel as most other people do, that this should never have been decided in favor of the mother. The kid was fishing on a RR trestle. I am sure "No Trespassing" signs were posted which means he was breaking the law. And I would have though he had enough sense to know that trains use that track and that it was dangerous to be fishing there. This means that his mother is being paid for him breaking the law. I thought there is a law against profiting from your wrong doing. It seems to me that in this case that law has been ignored. The engineer in this case should be able to sue that estate of the kid for mental anguish that he has suffered because of the kid breaking the law. Since the kid was underage this makes the parents responsible and therefore the engineer should be able to sue the parents.

nativejax - 7/28/2012 10:35 AM
0 Votes
Wow, what a crime. Just as Trayvons mother failed her son, this one failed hers and got rewarded. Everyone on here knows I'm for suing before the ink is dried, IF AND WHEN someone is found negligent and culpable, but this was CERTAINLY not one of those cases. I want her crooked lawyer next time I need one.

donato - 7/28/2012 8:02 AM
3 Votes
What a travesty of justice! What do we teach our children? Violate the law and get rewarded. What If instead, the train crew had put the train into emergency, derailed, there was a hazardous material spill which killed many people in the area who then would be responsible? This same kid who caused it or the RR? Nope they would sue the RR, wroing their hand and make the RR pay. Juries view companies as deep pockets and their hearts are affected by the family but apparently their minds are shut off. Sad the kid died but there should never be monetary gain from this. I agree that the engineer should sue the family for a like amount of money for what he has to endure because of her childs poor decisions. Especially when the mother says that the money cannot replace her son, true, so donate all the money to educate children to not tresspass on RRs so another mother will not have to endure this pain.

bballdad - 7/28/2012 7:32 AM
3 Votes
This is one of the biggest problems in our society. Nobody is ever held responsible for their actions, this person was committing a crime at the time of the accident. If the family can sue CSX then the engineer should be able to sue the family for the trauma this has caused him. He is no longer working with CSX due to emotional issues that were caused by this.

imtellin - 7/28/2012 5:19 AM
3 Votes
the mother is responsible for her own sons death !!! she apparently never taught him respect for other peoples property !!! if she had,, he never would have been on the bridge & would in all probability be alive today !!! then again, seeing as both mother,,, & her son were both stupid in regards trespassing on rxr property,, he might have been going around a rxr crossing gate a week later & been killed !!! and i'm certain the mother would have blamed the operators in that case as well !!! bunch of yankke jurors, giving away folks hard earned money.. i'll just bet she jumps out of bed every day now that she's got 1.6 million reasons to get up !!!

jacksonville21 - 7/28/2012 3:46 AM
4 Votes
So, the kid was fishing off of a bridge that I'm pretty sure had "no trespassing" signs on it. And to go by what this lady is saying, the train didn't slow down so the trains operator was trying, on purpose, to run these kids down. Look, I'm sorry this kid died, but some lawyer got a hold of this family and had them seeing dollar signs. Enjoy your money, ma'am, I know I couldn't.
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