One of the passengers involved in the deadly accident between an Amtrak train and a parked CSX train earlier this month has filed a lawsuit against CSX. James Daymon claims he is suffering permanent and long-lasting injuries as a result of the accident. Mr. Daymon is seeking $75,000 in damages.
The lawsuit accuses CSX of making deliberate decisions that will make it cheaper to pay compensatory damages for claims resulting from train wrecks and derailments than to install and maintain an appropriate train control system. It goes on to claim that “CSX improperly locked with a padlock the rail switch, which erroneously directed through trains, like the Silver Service train, into the CSX railyard onto the wrong set of tracks, which were already occupied by parked trains and rail cars. CSX has a duty to exercise reasonable care to avoid injuring or killing members of the public. In this case, CSX breached their duty by failing to exercise reasonable care.”
Train crash lawsuit alleges ‘gross negligence’ by CSX in fatal SC derailment