Families of Chester boys killed on railroad tracks sue Amtrak for $20 million

[mahatmakanejeeves]

I took a look at https://asm.transitdocs.com/ . Amtrak Northeast Regional train number 172 was crossing the Delaware-Pennsylvania line headed toward Chester. It was doing 106.9 mph.

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Families of Chester boys killed on railroad tracks sue Amtrak for $20 million

Allege negligence over ‘gaping hole’ in fence



In April, an Amtrak train passes over Engel Street in the area where two children where killed. The parents of the children have sued Amtrak for $20 million. (PETE BANNAN-DAILY TIMES)

By ALEX ROSE | [e-mail] | The Delaware County Daily Times
PUBLISHED: August 10, 2023 at 7:30 a.m. | UPDATED: August 11, 2023 at 7:19 a.m.

The families of two Chester boys killed by a train in April have filed a $20 million lawsuit in federal court against National Railroad Passenger Corp., better known as Amtrak. ... Siana Gordon, mother of 9-year-old Jahaad Marquise Atkinson, and Wydeia Kimble, mother of 12-year-old Ah’Yir Hazeem Womack, are alleging claims for wrongful death and negligence in a complaint filed in the U.S. District Court for the Eastern District of Pennsylvania. ... No attorney was listed for Amtrak on court documents and a call to the regional media relations officer for comment was not returned.

The plaintiffs, represented by Philadelphia attorney Emeka Igwe, claim Amtrak failed to keep the youths off its property when they were struck and killed by Amtrak train 161, heading from New York to Washington D.C. at approximately 4:30 p.m. April 29.

{snip}

The suit alleges there was a “gaping hole” in fencing along the track at Tilghman and Central streets, which five to seven youths used that day to access the tracks. The hole was commonly used as a shortcut to a playground at Memorial Park, according to the complaint. ... The plaintiffs say Amtrak was aware that a complete, well-maintained fence was necessary to keep children from trespassing on its tracks and that lack of such a fence posed an unreasonable risk of death or serious injury.

“It is alleged, and therefore averred that Amtrak knew or had reason to know, that children and adults were likely to trespass on the train tracks in this area of its land because they erected fencing which would prevent children from walking onto the tracks,” the suit states. “Thus, trespassers were anticipated. Amtrak, as a possessor of the land on which the incident took place, owed Jahaad and Ah’yir … a duty of care to avoid serious bodily injury or death.” ... The plaintiffs argue that the boys, because of their youth, could not appreciate the risk of death or injury involved in crossing the tracks and that children aged 7 to 14 are given a rebuttable presumption of being incapable of negligence in Pennsylvania courts.

{snip}

From the April story:

Report of 2 struck on train tracks in Chester; 2 dead [update]

By DAILY TIMES |
PUBLISHED: April 29, 2023 at 5:17 p.m. | UPDATED: April 29, 2023 at 7:14 p.m.

{snip}

Numerous EMS units from Chester and Marcus Hook responded to the scene which is west of Subaru Park in Chester.

This is a developing story. Check back for details.

I feel sorry for the personnel from the Chester and Marcus Hook EMS units that responded. I can't imagine a much more horrifying scene.

Sun Apr 30, 2023: Chester community mourns after two children fatally struck by Amtrak train

[no_hypocrisy]

1. Likely to be a settlement, not a judgment.

In 1968, one of my 12 yo classmates and his cohorts thought it was good sport to play "Chicken" by our park where the commuter railroad trains had regular schedules. Stuart "lost" in more ways than one. He got hit full on and suffered very grave head injuries and later died.

In our town, there's about three miles of track that doesn't have fencing at all. Kids cross the tracks all the time.

In the Chester, PA case, there was fencing, save for a hole where the boys had egress to the tracks.

I don't know how railroad companies can fully protect against kids doing stuff like this.

[Gore1FL]

2. Amtrak should win.

Walking down railroad tracks is trespassing and the fault of the people doing it.

[Wonder Why]

4. Not necessarily. Ever heard the term "Attractive nuisance"? Read below

Wikipedia

How long that hole remained a hole before the accident will be a big issue.

[Gore1FL]

5. The point is there is ample clues not to be there.

1. there is a fence.
2. there is railroad track.

If kids played on lightning rods, not one would side for the kids. the difference here is that trains travel on tracks more often than lighting strikes lighting rods.

I am sorry for the families loss, but the kids were responsible for their own deaths, not Amtrak.

[Wonder Why]

6. They are children. Trains attract them. They don't often understand the consequences

of their actions. I'll bet the parents will win. When you have an "attractive nuisance", your liability and need to protect your "nuisance" from children is very high. It's often the LAW, not an option. Insurance companies know that so people with outdoor pools have to pay a higher premium for them.

Try it some time. Build a pool with a fence around it and a hole big enough for kids to climb through or a gate that they can open in a neighborhood with few other pools. Put up "No Trespassing" signs. If a child drowns, watch how fast your insurance company settles. Then wait for the local authorities to investigate you. I never had an "attractive nuisance" but I know others who regretted it.

Amtrak is liable.

[Gore1FL]

7. I worked in the railroad industry for years.

I don't recall cases like this succeeding. AMTRAK probably doesn't even own the track.

[Wonder Why]

8. I took it as a given that Amtrak owned the track as it is the property owner that is liable,

not the user. If they don't own it, then I agree with you that the lawyer is suing the wrong party.

[BlueIn_W_Pa]

3. Just a money grab

there is literally no way they can keep 100% of everyone off their tracks, 100% of the time.

And in this case, there was a fence that had a hole cut through it that the kids got through?