KEYTESVILLE, Mo. — A Missouri judge is considering a request to stay litigation over the fatal June 27 derailment of Amtrak’s Southwest Chief while the National Transportation Safety Board investigation is ongoing, as requested by defendants.
KMBC-TV reports Chariton County Circuit Court Judge Terry Tschannen heard arguments Tuesday from attorneys for Amtrak, BNSF Railway, and MS Contracting — owner of the truck that was struck by the train — arguing that they could not speak freely about the case under federal law while the NTSB investigation is ongoing. Attorneys for passengers and Amtrak employees argued that a potential stay could take years.
Tschannen did not immediately rule on the motions, taking them under advisement.
During Tuesday’s hearing, he also asked attorneys to work together to make the proceedings easier for potential witnesses and other parties. Kansas City attorney Grant Davis told the judge the lawyers were “already on board,” and that he had organized a steering committee among plaintiffs’ attorneys to help guide the litigation process.
True, Mark. But if the cases drag out for years, they will have more billable hours. So, a bigger payout in the shorter term, or continuous, regular and almost guaranteed cash flow for years?
Of course the Lawyers want to rush to court before the NTSB completes its report. If they hold the Truck Driver primarily responsible that might hurt their dreams of a big payout.