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.

SUBSCRIBER ONLY

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

[LakeArenal]

1. There was a women who had her children taken away because she let them cross the street alone.

Where was this mom keeping her kids off railroad tracks?

[jimfields33]

2. Agree. No kids should be on train tracks.

I wouldn’t give money in this situation if I were on the jury.

[sinkingfeeling]

3. It's sad, but if I were on a jury in this case, I would not hold Amtrak at fault.

[Vogon_Glory]

4. Sorry, but the boys put themselves on the track

I’m another who doesn’t think Amtrak should be held liable. Even with the hole in the fence, that property WAS fenced. That means that for anyone above a toddler’s age, that not only means you were not welcome on the property, but what’s on the property could be dangerous. That hole in the fence was part of a short-cut across dangerous ground.

Now let’s consider the ages of the boys. While I think that the six year old might still have been totally clueless, the twelve year old certainly was old enough to know better. I knew that train tracks were risky at that age, and knowing that there’s danger of serious injury or death isn’t rocket science.

[House of Roberts]

5. I just looked for Chester on the Amtrak map.

Amtrak 86 NE Regional was doing 108 mph inbound to Chester. You'll also notice in the above photo, that the pantograph on the roof of the engine indicates it is an all-electric using overhead wires for the power. Those things are quiet until they're right upon you.

[IbogaProject]

6. Yep that is over 150 feet per second.

If going 108 mph that is 158 feet per second. That is a football field length every 2 to 2.25 seconds. That isn't some back haul freight spur, which wouldn't be quite as crazy to cross.