BNSF: Rail accident victims should have to use arbitration

Sep 22, 2022, 12:40 PM | Updated: 1:28 pm
FILE - A law enforcement officer inspects the scene of an Amtrak train that derailed after striking...

FILE - A law enforcement officer inspects the scene of an Amtrak train that derailed after striking a dump truck near Mendon, Mo., on June 27, 2022. BNSF Railway Co. has asked a federal court to require victims of the deadly Amtrak crash in Missouri to pursue settlements through arbitration, rather than lawsuits. (AP Photo/Charlie Riedel, File)

(AP Photo/Charlie Riedel, File)

BNSF Railway Co. has asked a federal court to require victims of a deadly Amtrak crash in Missouri to pursue settlements through arbitration, rather than lawsuits.

BNSF owns the railroad tracks used by Amtrak when a Southwest Chief train traveling from Los Angeles to Chicago collided with a pickup truck that was blocking an intersection near Mendon, Missouri. Three train passengers and the truck driver died and dozens more were injured in the June 27 collision.

Multiple lawsuits have been filed since the collision against both railway companies. Missouri transportation officials, Chariton County leaders and areas residents had been pushing for safety upgrades at the crossing, which is steep and had no lights or other signals to warn about an approaching train.

In a federal lawsuit filed Tuesday, BNSF asked for a preliminary injunction to require the victims to use arbitration rather than proceed with their lawsuits in court. The company also asked the judge to halt action on lawsuits pending in Missouri courts until the arbitration question is settled.

BNSF, based in Fort Worth, Texas, argues that when passengers bought tickets from Amtrak, they checked a box agreeing to terms and conditions, which includes binding arbitration agreements. BNSF argues the terms apply to the company because it is the host railroad for Amtrak.

Grant Davis, who was appointed as a lead attorney for a plaintiff’s committee working to consolidate pre-trial matters in the numerous lawsuits, said BNSF is trying to take away his clients’ constitutional right to a jury trial.

“We believe they are wrong factually and legally on this issue,” Davis said. “The fact that BNSF was not a party to (Amtrak’s) poor attempt at an arbitration agreement is fatal to this effort. It’s adding insult to injury for BNSF to file a case against the very people it injured.”

Among the defendants named in the lawsuit are relatives of the three passengers who died: Rochelle Cook, 58, and Kim Holsapple, 56, both of De Soto, Kansas; and Binh Pham, 82, of Kansas City, Missouri.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/Superior Court of Arizona in Yavapai County)...
Associated Press

Arizona judge has cases reassigned following DUI arrest

The Arizona Supreme Court has ruled that all cases currently assigned to a Yavapai County Superior Court judge recently arrested on suspicion of extreme DUI will be reassigned to other judges.
4 days ago
Haitian migrant Gerson Solay, 28, carries his daughter, Bianca, as he and his family cross into Can...
Associated Press

US, Canada to end loophole that allows asylum-seekers to move between countries

President Joe Biden and Canadian Prime Minister Justin Trudeau on Friday announced a plan to close a loophole to an immigration agreement.
7 days ago
Expert skateboarder Di'Orr Greenwood, an artist born and raised in the Navajo Nation in Arizona and...
Associated Press

Indigenous skateboard art featured on new stamps unveiled at Phoenix skate park

The Postal Service unveiled the “Art of the Skateboard" stamps at a Phoenix skate park, featuring designs from Indigenous artists.
7 days ago
(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
13 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
21 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
21 days ago

Sponsored Articles

...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
(Desert Institute for Spine Care photo)...
DESERT INSTITUTE FOR SPINE CARE

Why DISC is world renowned for back and neck pain treatments

Fifty percent of Americans and 90% of people at least 50 years old have some level of degenerative disc disease.
(Photo via MLB's Arizona Fall League / Twitter)...
Arizona Fall League

Top prospects to watch at this year’s Arizona Fall League

One of the most exciting elements of the MLB offseason is the Arizona Fall League, which began its 30th season Monday.
BNSF: Rail accident victims should have to use arbitration