Train attendant files suit after Amtrak derailment

Michelle Keahey Mar. 27, 2012, 3:14am


NEW ORLEANS - A train attendant has filed a personal injury lawsuit against several railroad companies following a derailment that occurred because of a tractor-trailer/train collision.

Patricia Floyd Johnson filed suit against Textron Inc. d/b/a Textron Marine and Land Systems, Randall E. Bray, Liberty Mutual Insurance Co., National Railroad Passenger Corp. and the Alabama Great Southern Railroad Co. on March 14 in federal court in New Orleans.

While working as a train attendant aboard an Amtrak train on April 20, 2011, Johnson states she was injured when her train struck a tractor-trailer that was sitting idle on the tracks. The violent collision that occurred derailed the train and caused Johnson to be thrown about the car.

Textron is accused of negligently entrustment, hiring and retaining of the operator of the tractor trailer.

The tractor-trailer driver is accused of negligence for failing to maintain a proper lookout, failing to timely apply the brakes, failing to drive at a safe and reasonable speed, failing to yield the right of way, and for attempting to cross the tracks when it was unsafe to do so.

Amtrak is accused of violating the Federal Employer's Liability Act by failing to provide Johnson with a safe place to work and a safe crossing.

Defendant AGS is accused of negligence, carelessness and unlawful conduction for failing to maintain and control its railroad crossing and tracks where the collision took place.

The plaintiff is seeking damages for lost wages, loss of future wages, benefits and earning capacity, physical impairments, loss of life's pleasures, physical and mental pain, sufferings and anguish, medical expenses, emotional injury, interest, attorney's fees and court costs.

Johnson is represented by Blake G. Arata Jr., C. Perrin Rome III and W. Chad Stelly of Rome, Arata, Baxley & Stelly in New Orleans.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:12-cv-00688

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