This story was originally published by Daily Montanan: URL: https://dailymontanan.com This story has not been altered or edited. (C) Daily Montanan. Licensed for re-distribution through Creative Commons license CC BY-NC-ND 4.0. ------------ Family of couple killed in Empire Builder crash takes Amtrak to court – Daily Montanan ['Arren Kimbel-Sannit', 'More From Author', '- February'] Date: 2022-02-25 00:00:00 The family of a Georgia couple killed in the 2021 Amtrak derailment outside of Joplin is alleging gross negligence and wrongful death in a suit filed against the quasi-public passenger rail corporation this week, the fourteenth lawsuit stemming from the deadly crash of the Empire Builder last September. Donald and Marjorie Varnadoe had set out on a 50th anniversary Amtrak trip across the northwest from Chicago, but they had their lives cut short when the observation car they sat in was launched from the tracks as part of a sequence that derailed eight of the train’s 10 cars, the lawsuit alleges. The other person to die in the crash, Zach Schneider of Illinois, was also in the observation car, the suit says. “Amtrak and BNSF owed the highest duty of care to the passengers aboard Empire Builder Train 7/27, including Donald and Marjorie Varnadoe, to ensure that the train is operated properly and safely and that all tracks, equipment, and switches are properly and safely maintained, inspected, and repaired and in good and safe working condition,” attorneys for the Varnadoes’ son, Jason, wrote in a complaint filed in the Northern District of Illinois on February 21. A spokesman for Amtrak said the company would respond to the Varnadoe complaint in court. Amtrak has already filed an initial response to the claims in a separate suit by Schneider, denying the allegation that the derailment was preventable and caused by negligence or carelessness. While the National Transportation Safety Board has assembled preliminary findings about the derailment, its full investigation is in the early stages. As such, the crux of the lawsuit is that Amtrak and BNSF, which owns the track, should have been able to detect and prevent whatever it was that caused the derailment, whether that be track buckling, operator error, a failure in the train’s braking system or a number of other factors. The suit points out that the Empire Builder has derailed in Montana three times before, though each in different places: Lohman, in 1979, with 48 injured; near Glacier National Park, in 1980, with 115 injured; and near Saco, in 1988, with over 100 injured. In each case, the complaint says, “NTSB determined that Amtrak’s and BNSF’s inadequate maintenance and inspection of the tracks and track buckling caused the derailment.” The NTSB’s preliminary report on the September derailment found that the westbound Empire Builder train was traveling just under the 79 miles per hour speed limit on a righthand curve when its emergency brakes activated. Eight of the 10 railcars derailed, and four tipped on their sides, killing three and injuring 44. BNSF previously had noted that it had inspected the tracks just days earlier. A freight train had passed through that section around 80 minutes prior to the crash. The Empire Builder, Montana’s only Amtrak line, operates daily between Chicago and Seattle or Portland. Saltz Mongeluzzi & Bendesky, the personal injury firm representing the Varnadoes, also represents the wife of Zach Schneider, Rebecca, in a suit that makes similar claims. The Varnadoe family seeks damages for several charges of death and wrongful negligence. In separate suits, the Clifford Law Offices of Chicago represents 11 additional plaintiffs who were among those injured in the crash. Attorneys with Clifford have also pledged to go after a recently adopted Amtrak forced arbitration policy. Beginning in 2019, when passengers buy an Amtrak ticket, they lose their right to take the company to court and agree to settle any disputes in arbitration. Amtrak adopted the language after it had to pay out millions of dollars in settlements stemming from derailments in 2015 and 2017. Amtrak and BNSF also face a suit from an injured train attendant named Tarrick Peyton, who’s suing the companies in federal court in Great Falls. He alleges not only that they failed to prevent the deadly crash but also that Amtrak failed to provide proper training to employees in case of a derailment. Peyton said in his suit that he had gotten to know the Varnadoes on the trip and discovered their bodies in the observation car while attempting to assist other passengers. [END] [1] Url: https://dailymontanan.com/2022/02/25/family-of-couple-killed-in-empire-builder-crash-takes-amtrak-to-court/ Content is licensed through Creative Commons license CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/