KEYTESVILLE, Mo. — A judge in Chariton County, Mo., has scheduled a hearing on whether to delay lawsuits over the June 27 derailment of Amtrak’s Southwest Chief while the National Transportation Safety Board continues its investigation into the fatal accident.
Meanwhile, an Amtrak employee has filed a suit claiming the passenger operator “intentionally” crowded the train beyond its capacity.
KMBC-TV reports the hearing to consider several motions to stay the lawsuits will be held Aug. 16.
MS Contracting, owner of the truck that was hit by the Chief, causing the derailment, first filed a motion last month asking for a delay [see “Owner of truck seeks stay …,” Trains News Wire, July 18, 2022]. The company argues it is prevented from commenting on the accident during the NTSB investigation, and that to proceed prior to the release of NTSB results would be “highly prejudicial” to the company.
KMIZ-TV reports that Amtrak service attendant Carilyn White has filed suit in Chariton County saying Amtrak filled the train “beyond its safe capacity” and did not address policies to prevent overcrowding. The suit names Amtrak, BNSF Railway, and MS Contracting as defendants. It claims Amtrak operated the Chief too fast for conditions, that BNSF did not adequately maintain the crossing, and that the truck owner was negligent because its employee did not operate the vehicle in a safe manner.
The preliminary NTSB report on the Chief derailment says 270 passengers and 12 crew members were on the train when it struck the truck and derailed near Mendon, Mo., killing four people [see “NTSB to look at crossing design …,” News Wire, July 22, 2022].
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