Katy resident sues Union Pacific over father's death

Brothers are suing after their 66-year-old father was killed when a Union Pacific high-rail truck collided head-on into the car he was driving.

Katy resident Thomas Hellickson and his brother Brian Hellickson, from Magnolia, filed a lawsuit on behalf of their father's estate against Union Pacific Railroad Co. and its employee, Spencer Pesce, alleging gross negligence.
 
The plaintiffs say that on Dec. 3, 2009, Pesce was violating Union Pacific's company policy when he used his cell phone to talk with his supervisor while driving a 15,000-pound high-rail truck. The suit claims that his divided attention caused him to cross the center line of the highway and collide head-on with Barney and Ruth Hellickson's car, killing them. According to the brief, Pesce supervisors were aware that he often used his cell phone while driving Union Pacific's high-rail trucks.  

The Hellicksons are seeking damages, court costs and attorney's fees.

They are being represented in the case by Houston attorney Troy Blakeney.

Harris County District Court Case No. 2010-76585.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.