KEYTESVILLE, Mo. — A Missouri circuit court judge has denied requests to delay lawsuits over the June derailment of Amtrak’s Southwest Chief while the National Transportation Safety Board investigation into the accident remains active.
KOMU-TV reports Judge Terry Tschannen ruled Monday that, while certain information may not be disclosed while the NTSB is investigating, the interests of the parties that requested the delay “can be sufficiently protected through discovery objections, protective order, and the liberal allowance of amended pleadings in the proper circumstances.” Tschannen also said significant discovery can be conducted “outside the temporary restricted purview of the NTSB investigation.”
Tschannen also ruled the circuit-court cases relating to the June 27 derailment could be consolidated for the discovery process.
Five lawsuits have been filed in circuit court over the grade-crossing collision and derailment that killed four people — the driver of the truck struck by the train, and three Amtrak passengers. Tschannen had held a hearing last week to consider motions by Amtrak, BNSF Railway, and truck owner MS Contracting — defendants in the cases — asking for the delay because federal law limits their ability to discuss the case while the NTSB is investigating [see “Missouri judge holds hearing …,” Trains News Wire, Aug. 17, 2022].
Judge Terry A. Tschannen is Presiding Judge, Missouri Circuit Court.
Recent law-grad here. Decision makes sense to me. Also, decision has nothing to do with the court hearing the case. That’s an entirely different issue.
Seems like lay people are so quick to make “common sense” (to them) opinions on legal decisions when they have no knowledge, experience or expertise, either professionally or as observers, on the nuts and bolts of the legal system.
Judges are human too, its clear this judge wants the case heard in his court. She he is claiming dibs.
I remember reading years ago that Missouri was one of the states that lawyers liked to file big money cases with national impact as the courts were deemed “friendly” to them. It’s been awhile so I’m not sure that’s still the case.
Another judge that’s an idiot…why do people even select these individuals to be judges?
In my area of Missouri, usually there is only one option for judges when they come up for renewal… and yes, idiots abound.