Tort Claim For Train Collision Settled By City Of Fairbury

By Gordon HopkinsA personal injury tort claim resulting from a car-train collision and filed against the City of Fairbury has been settled for $62,500.The collision occurred on March 23, 2020. At 8:20 p.m., the Jefferson County Sheriff’s office, Fairbury Rural Fire Department and Ambulance District #33 responded to a report of the accident at the intersection of 4th and C Streets in Fairbury.According to the investigation done by the sheriff’s office, the driver tried to cross the intersection and the vehicle became high centered on the railroad tracks.The driver was Isabella Kenley of Fairbury, age 22 at the time. One passenger, Dana Culp, age 23, was also in the vehicle. The sheriff’s office indicated that Culp saw the train coming and exited the vehicle, while Kenley remained in the vehicle, trying to move the vehicle off the tracks.After the collision, Kenley was transported to Jefferson Community Health and Life. Culp, reportedly suffered no injuries.Isabella Kenley, now Isabella A. Duey, will be paid by the city’s insurance provider, EMC Insurance Companies.The settlement was discussed at a meeting of the Fairbury City Council the evening of Tuesday, December 17, 2024. City Attorney Kurth Brashear said, “Insurance is paying. The city is not using any taxpayer dollars to satisfy this.”The council was provided a copy of the release. Councilperson Phil Rogge asked, “This says that we’re not responsible. We didn’t do anything we need to change for this, right?”City Attorney Kurth Brashear confirmed, “That is my misunderstanding.”Rogge said, “So, even though we did nothing wrong, the insurance company is going to pay it off.”“Doesn’t sit right, does it?,” said City Councilperson Bradley Kuzelka.“No, it doesn’t,” agreed Rogge.Brashear explained, “When insurance is providing the defense and insurance is also providing the funding for those, then the insurance companies have the authority to settle. The city gives them that authority in buying the insurance.”

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