JACKSONVILLE, Fla. -- The mother of a 17-year-old Clay County boy who died last month when he couldn't get off a CSX train trestle before being struck by a train is suing the railroad and the engineer who in charge of the train.

Wesley Whiddon Jr. was killed May 14 when he was fishing from the railroad bridge over Black Creek. Two other Fleming Island High School football players on the trestle with Whiddon escaped with minor injuries.

The wrongful-death lawsuit seeks damages in excess of $15,000 from the railroad and its senior road foreman of engines, Dennis Merrill.

The lawsuit claims the trestle was regularly used by residents of Clay County for fishing and crossing Black Creek and the railroad failed to close or fence off the property or post adequate warning signs of the danger of being on the trestle.

Clay County sheriff's deputies and residents told Channel 4 it is an area frequented by teenagers despite a total of four trespassing signs posted at both ends of the trestle.

Among other claims, the suit also alleges the train was traveling faster than permitted, which caused the 100-car train to strike the boy before he could get off the trestle.

The train's conductor, David Jones, told investigators that the train was going between 35 and 40 mph when it rounded the corner and he saw the boys on the trestle.

Jones said he expected the boys to jump, "Because that is what people usually do." When they didn't, he threw the emergency brake.

The suit was filed in Clay County Circuit Court on Thursday by the Cook, Hall and Lampros law firm out of Atlanta. The suit seeks a trial by jury on all claims.

A CSX spokesman told Channel 4 late Friday afternoon that they had not yet received the lawsuit and could not comment on it.