Woman sues train for fall

Friday, Aug. 24, 2012 1:27 PM

A 77-year-old Texas woman who fell and injured herself while disembarking from the Durango & Silverton Narrow Gauge Railroad is suing the train for negligence.

The incident occurred July 27, 2011, in Silverton.

Ioma May was exiting the train when she fell to the ground and suffered a fractured humerus, the bone in her upper arm, said her lawyer, William “Jack” Fahres of Oak Creek.

Her condition deteriorated in the hospital, and she had to undergo rehabilitation, he said. She continues to suffer pain, discomfort, loss of enjoyment of life, physical impairment and mental anguish, according to her lawsuit.

May is seeking in excess of $100,000, according to the lawsuit.

May claims the railroad acted negligently by failing to provide a step box to aid her while stepping off the train.

A step box was provided at the train depot in Durango, but no step box was provided to assist her getting off the car in Silverton, the lawsuit states.

Al Harper, owner of the train, said the railroad has boarded and unloaded millions of people in Silverton, and this is the first time someone has fallen and sued.

The railroad offers to pay medical expenses if someone is hurt, he said.

“If they’re trying to come up with negligence or something, then we’ll take all appropriate defenses,” Harper said.

The lawsuit was filed Aug. 16 in La Plata County Combined Courts.