The family of the SUV driver involved in a deadly collision with a Metro-North commuter train plans to sue the railroad.
Ellen Brody's family filed a notice of claim that names the railroad, the MTA, Westchester County, the town of Mount Pleasant and the state as defendants.
The 49-year-old mother of three was killed when a train struck her SUV on Feb. 3 at a grade crossing in Valhalla. The impact sparked an explosion and fire. Five train passengers also were killed.
Brody's family says the collision was caused by a hazardous railroad crossing. Their attorney, Philip Russotti, says a badly designed railroad crossing and poor sight lines were to blame.
The Journal News says the MTA declined to comment. The other defendants didn't respond to requests for comment.
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