Family sues after their loved one was killed in Amtrak derailment
MENDON, Mo. (KMIZ.)
On Wednesday court documents revealed the latest on a new Amtrak derailment lawsuit.
The family argues Billy Barton the second, the man driving the dump truck for MS contracting that hit the train, failed to operate the dump truck with care and safety which ultimately resulted in the death of their family member Binh Phan.
Almost a month later the family is looking for justice after the fatal Amtrak crash.
Back in June an Amtrak train hit a dump truck at a public crossing near the city of Mendon in Chariton County.
At the time there were roughly 275 passengers and 12 crew members on board. Four were killed, among those was 82-year-old passenger Binh Phan.
Phan's family claims in the lawsuit that the dump truck company failed to exercise reasonable care in hiring, training, and supervision of its drivers.
Court documents also accuse the truck driver of not keeping a careful and proper lookout for oncoming trains, failing to yield the right of way to the oncoming train, and the company failed to have an adequate fleet and driver safety program.
However, the family ultimately highlights the driver's failure to follow the rules of the road.
According to the lawsuit, the neglect of the things listed on the screen resulted in Binh Phan enduring conscious pain and suffering which ended in the loss of his life.
