Amtrak Passengers Sue for Injuries from Derailment

The lack of an automated safety system that could have prevented last week’s deadly Amtrak train derailment in Philadelphia makes the rail company liable for injuries suffered by riders injured in the crash, according to a lawsuit filed by four passengers in the U.S. District Court for the Eastern District of Pennsylvania.

The four plaintiffs sustained severe injuries from the derailment, says the suit filed Monday by attorneys Robert Mongeluzzi and Tom Kline, and seeks unspecified damages for claims of negligence and outrageous conduct.

Eight people were killed when Amtrak Train 188 lost control at the Frankford Junction in the Port Richmond area of Philadelphia just before 9:30 p.m. on May 12. Early reports from the crash investigation have indicated that the train was traveling at more than 100 miles per hour when it hit the curve, which has a posted speed limit of 50 mph.

Questions have swirled around the role played by the train’s engineer, Brandon Bostian. His statement to investigators have not been made public, but attorneys Mongeluzzi and Kline have blamed Amtrak for employing Bostian, saying the company is responsible for any actions he made to contribute to the disaster.

Felicidad Redondo Iban, Daniel Armyn, Amy Miller and Maria Jesus Redondo Iban were all traveling on the Amtrak train when it derailed, the claim says.

When the crash happened, Felicidad Iban was thrown about the car and pinned under the wreckage. When she was extracted and taken to the hospitals, Iban had to undergo numerous surgeries to prevent having her arm amputated, the claim says. Her cousin, Maria Iban, also suffered head and internal injuries.

The complaint says that Armyn suffered multiple fractured ribs, a torn ACL in his knee, a head injury and numerous lacerations. Miller sustained a concussion, back and orthopedic injuries.

It is the second of what many predict to be numerous lawsuits against Amtrak, whose President and CEO Joseph Boardman accepted responsibility for the crash. An Amtrak employee filed a suit last Friday for loss of future wages due to his recovery from injuries.

Photo courtesy of NTSB

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