First lawsuits filed following fatal Amtrak derailment

PHILADELPHIA, PA – The first group of seriously injured passengers of the May 12th fatal Amtrak derailment today filed Complaints in the US District Court for the Eastern District of Pennsylvania asse

PHILADELPHIA, PA – The first group of seriously injured passengers of the May 12th fatal Amtrak derailment today filed Complaints in the US District Court for the Eastern District of Pennsylvania asserting egregious safety-related failures by Amtrak that caused the catastrophe and resulted in the deaths of eight passengers and injured hundreds others. Philadelphia-based trial attorneys Robert J. Mongeluzzi, Esq., of Saltz, Mongeluzzi, Barrett & Bendesky, P.C. and Thomas Kline, Esq., of Kline & Specter, P.C., jointly announced the complaints on behalf of their respective clients. The plaintiffs in this initial group of filings range in age from 23-64; some live near station stops along the Amtrak Northeast Corridor, while two were Spanish tourists.

“There is absolutely no excuse for Amtrak’s egregious conduct that led to a horrific tragedy that was easily preventable,” said Mr. Mongeluzzi. “It is outrageous and unthinkable that Train 188 would be going 106 mph into a dangerous 50 mph curve,” he added. “Our clients have asked us to find out exactly what happened, hold Amtrak fully accountable, and make sure that steps are taken to prevent a catastrophic train derailment from ever happening again.”

Mr. Kline said, “In this monumental tragedy all the victims and their loved ones deserve a voice and have an important stake in the process that is about to unfold, and we intend to do everything in our power to assure that justice is achieved”

Kline & Specter filed on behalf of a 23-year-old female from the Philadelphia area.

The Complaints detail a litany of identical contributing failures on the part of Amtrak and its Train 188 engineer, including the train’s inexplicable operation at an ‘outrageously and perilously excessive rate of speed entering a hazardous curve”, that combined resulted in the violent derailment and dislodging of the seven-car train and subsequent mass casualties. These failures included:

โ€ข Recklessly operating the train at 106 mph – more than twice the 50 mph speed restriction – as it approached a curve in the deadly Frankford Junction section of right of way. This caused the sudden, chaotic derailment during which all seven passenger cars and the locomotive catapulted from the rails; one car flipped completely over, and several others were thrown onto their sides. The approximately 240 passengers, many asleep, others reading, using electronics, or in the cafรฉ car, were stunned and defenseless.

โ€ข Total disregard of enacted Federal legislation that required implementation of life-saving Positive Train Control (PTC), which would have automatically prevented the train, despite an engineer’s actions or inaction, from reaching dangerous, excessive speeds entering the Frankford Junction curve. The PTC, mandated by Congress for installation on all trains by 2015, was designed specifically to prevent train-to-train collisions and prevent derailments.

โ€ข Failing to utilize Automatic Train Control (ATC) that automatically slows the train, for southbound trains, but was not implemented for northbound trains although they were located mere feet away.

According to the Complaints, “Through its reckless operation on the tracks and inexcusable decision to not include a necessary safety system, Amtrak caused this horrific tragedy.” In addition to compensatory damages, the plaintiffs are seeking punitive damages to be determined by a jury. Attorneys expect to be filing various discovery-related motions in the coming weeks as the litigation progresses.

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Linda Hohnholz

Editor in chief for eTurboNews based in the eTN HQ.

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