Another Amtrak employee files lawsuit over Chariton County train crash

COLUMBIA, Mo. (KMIZ)

An Amtrak worker from California has sued his employer over a deadly June train crash in Chariton County.

Matthew Rafferty of Hemet, California, filed a lawsuit against the passenger train service and MS Contracting, the company whose dump truck collided with Amtrak's Southwest Chief No. 4 train on June 28. Rafferty is at least the third Amtrak worker to sue over the crash.

The impact of the collision threw Rafferty on his back against a window in the upper deck of the second sleeper car, injuring his back, neck and other areas of his body, according to the lawsuit. He suffers from depression, anxiety and post-traumatic stress disorder since the crash, the suit claims.

Rafferty alleges Amtrak is negligent in part because the train service knew the crossing was dangerous and operated trains on the tracks anyway. He claims MS Contracting's driver failed to exercise caution at the crossing.

Three people on the train that carried 275 passengers died when it crashed in June near Mendon. The driver of the truck was also killed.

A preliminary report issued by the National Transportation Safety Board last month said the derailment caused about $4 million in damage. The agency's investigation continues.

The Southwest Chief was traveling at nearly 90 mph when it slammed into the dump truck at a rural rail crossing without lights or audible warnings. Amtrak trains are authorized to travel up to 90 mph on that stretch of track.