Lawsuits target BNSF, Amtrak, dump truck company for Mendon train derailment
COLUMBIA, Mo. (KMIZ)
Lawsuits continue to pile up in state and federal courts against the companies involved in the late-June train derailment in Chariton County.
Many of the federal and state lawsuits are against BNSF, the owner of the railway, Amtrak and MS Contracting, the owner of the dump truck the train hit. The lawsuits allege the three companies put those on board the train at risk through negligence.
Amtrak and BNSF also filed a lawsuit filed in federal court against MS Contracting.
Jerome Schlichter is the legal representation for four passengers and two train conductors injured in the crash. The two lawsuits he filed allege BNSF was negligent in keeping the railroad maintained. The Missouri Department of Transportation identified the crossing as dangerous and set aside $400,000 to fix it.
The crash, at Porche Prairie Avenue near Mendon, injured about 150 people and killed four.
"So we fully intend to go to trial, we have a team out there that's been doing investigations today right now as we speak," Schlichter said.
Several locals have also pointed out issues with the crossing to officials.
"One such resident was Mike Spencer, a longtime farmer in Mendon, Missouri, who raised safety complaints regarding the subject of the crossing and unsuccessfully advocated for changes at the crossing for years," the lawsuit reads.
Four passengers filed together: Allen Gallaway, Noel Lucero, Sherri Schwanz and Kimberly Howard. Schwanz and Howard are representatives of the Kansas National Educators Association. Gallaway told KWCH he was on his way to the National Educators Association Conference in Chicago when the train crashed.
"There was just this huge force pushing us forward, thinking for a second that we were just stopping really suddenly, and then I could see the car in front of me shifting and rolling over that was the next thing that happened to us and I remember also yelling out, 'No no no,'" Gallaway said.
Amtrak and BNSF allege the driver of the dump truck is at fault for the crash.
"Both Burlington Northern Santa Fe -- which owns the track and is responsible for the track -- and Amtrak are saying that they have no fault," Schlichter said. "They're saying it's all the truck driver's fault."
The lawsuits Schlichter filed ask for a trial by jury, which Amtrak says passengers do not have a right to.
"Amtrak is saying to passengers that they do not have a right to go into court," Schlichter said. "They're saying that because there's some fine print on the back of the ticket that they're saying gives them the right to deprive people of the right to a jury trial."
Passengers Janet Williams and David Williams filed a federal lawsuit against the three companies. Their lawsuit demands a jury trial.
The Williams lawsuit argues that Amtrak has a history of train derailments, listing several ranging from 2015 to the most recent this year.
Amtrak did not directly respond to ABC 17's request for comment, but said it will respond in court filings.
Meanwhile, the widow of the dump truck driver -- one of four people killed in the crash -- has sued a BNSF manager, Amtrak and Chariton County officials for her husband's death.
