The first lawsuits have been filed only days after an Amtrak train collision and derailment in rural Missouri that left four people dead and injured up to 150 others. In a federal lawsuit filed Friday, surviving passenger Janet Williams of Dubuque, Iowa, named Amtrak, BNSF Railway Co. and MS Contracting LLC, the employer of the dump truck driver whose vehicle was struck…
Two train passengers — Rochelle Cook, 58, and Kim Holsapple, 56, both of DeSoto, Kansas — died at the scene. A third passenger, 82-year-old Binh Phan, of Kansas City, Missouri, died Tuesday at a hospital. The Missouri State Highway Patrol said up to 150 people also were injured.
Williams’ lawsuit said she “sustained significant and life-altering injuries” when she was suddenly thrown from her seat, struck by luggage and crushed by other passengers as her train car flipped onto its side. One of her attorneys, Robert J. Mongeluzzi, said in a statement that Amtrak and BNSF “failed to use basic railroad crossing safety devices such as warning lights and crossing gates.”
A BNSF spokeswoman said the company doesn’t comment on pending litigation. A message left with Amtrak wasn’t immediately returned. The Southwest Chief was traveling from Los Angeles to Chicago when it hit the truck. Two locomotives and eight cars derailed. Amtrak officials said about 275 passengers and 12 crew members were aboard. The National Transportation Safety Board said Wednesday that
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