Thursday, September 29, 2022
Home LATEST NEWS BNSF: Rail accident victims should have to go to arbitration

BNSF: Rail accident victims should have to go to arbitration

BNSF Railway Co. has asked a federal court to require victims of a fatal Amtrak accident in Missouri to seek settlements through arbitration, rather than lawsuits.

BNSF owns the railroad tracks used by Amtrak when a Southwest Chief train traveling from Los Angeles to Chicago collided with a pickup truck blocking an intersection near Mendon, Missouri. Three train passengers and the truck driver were killed and dozens more were injured in the June 27 collision.

Multiple lawsuits have been filed since the collision against both rail companies. Missouri transportation officials, Chariton County leaders and area residents had been pushing to improve safety at the crossing, which is steep and had no lights or other signs to warn of an approaching train.

In a federal lawsuit filed Tuesday, BNSF sought a preliminary injunction requiring the victims to use arbitration instead of pursuing their claims in court. The company also asked the judge to stay actions in lawsuits pending in Missouri courts until the arbitration issue is resolved.

Fort Worth, Texas-based BNSF argues that when passengers purchased Amtrak tickets, they checked a box to accept the terms and conditions, which include binding arbitration agreements. BNSF argues that the terms apply to the company because it is Amtrak’s host railroad.

Grant Davis, who was appointed lead counsel for a plaintiffs’ committee working to consolidate pretrial issues in the numerous lawsuits, said BNSF is trying to take away its clients’ constitutional right to a jury trial.

“We think they are factually and legally wrong on this issue,” Davis said. “The fact that BNSF was not a party to (Amtrak’s) poor attempt at an arbitration agreement is fatal to this effort. BNSF injury. bring a case against the very people he injured.”

Among the defendants named in the lawsuit are relatives of the three passengers who died: Rochelle Cook, 58, and Kim Holsapple, 56, both of De Soto, Kansas; and Binh Pham, 82, of Kansas City, Missouri.

RELATED ARTICLES

Chinese tycoon Richard Liu faces civil trial for alleged rape

MINNEAPOLIS -- A Chinese billionaire, one of the world's richest people, is headed to trial in Minneapolis to defend himself against accusations that he...

Live Updates: Hurricane Ian Hits Florida

Hurricane Ian has weakened to a Category 1 hurricane as it moves through central Florida, the National Hurricane Center said Wednesday afternoon. The...

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular

Queen Margrethe of Denmark withdraws the royal titles of her grandchildren

Changes are underway within the Danish royal family. On September 28, the royal palace announced that Queen Margrethe II of Denmark decided to take...

How accurate is Monster: The Jeffrey Dahmer Story?

Netflix has produced its fair share of true crime dramas over the years, but nothing has been as chilling as "Monster: The Jeffrey Dahmer...

Kid Cudi’s ‘Burrow’ track earns reaction from Bengals quarterback

Kid Cudi prepares for the release of his next album entergalactic, whose tracklist has just been revealed. The closing song is titled "Burrow,"...