KEYTESVILLE, Mo. — A second wrongful death suit has been filed over the June 27 derailment of Amtrak’s Southwest Chief, this one taking aim at the company whose truck was hit at a grade crossing, triggering the derailment.
The Kansas City Star reports the family of Bihn Phan, 82, of Kansas City, has filed suit in Chariton County Circuit Court against MS Contracting, the owner of the dump truck struck at a grade crossing near Mendon, Mo. The lawsuit also lists a legal representative for driver Billy Barton.
Barton, Phan, and two other passengers were killed when the train, traveling at 87 mph, struck the truck and derailed, overturning all the train’s passenger cars. Some 150 people were injured.
The suit alleges Phan died “as a direct and proximate result of Defendants’ wrongful acts and negligent conduct.” Several members of Phan’s family, who were also on board the train and suffered injuries, are also plaintiffs.
Previously, the family of Rachelle Cook, who was also killed in the derailment, filed a wrongful death suit in the same court against MS Contracting, BNSF Railway, and a BNSF employee [see “Wrongful death suit filed …,” Trains News Wire, July 14, 2022]. Other suits have been filed by injured passengers and crew members, and by Amtrak and BNSF against the truck owner.
“The lawsuit also lists a legal representative for driver Billy Barton.” I don’t get that one. Did he have some sort of a guardian?
Maybe the executor of the driver’s estate? If I was injured in this accident these are the persons I would sue. No suing of Amtrak and BNSF.I