Month: May 2015
Legally thanks to the Amtrak Reform and Accountability Act,, Amtrak is capped at a maximum of $200 million in damages to all victims of a single accident, including the Amtrak Northeast Regional train bound for New York City derailed and crashed on the Northeast Corridor in the Port Richmond neighborhood of Philadelphia, Pennsylvania.
“The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.
As much as this sounds like, consider that this amount must be split between 238 passengers and 5 crew, with grievances reaching from injury to permanent disability to death. This amount must cover lost income and medical expenses for the 200+ injured, and the millions in compensation of lost income for family members killed.
Is it time for new law? Is there any reason why train systems cannot carry adequate insurance the way airplanes do?
According to the child’s father Robert Dominguez, he had made repeated calls to Los Angeles County social workers about the abuse by his ex-wife’s boyfriend Daniel Vega. However, the department closed their investigation after which, Vega beat his son to death and was later sentenced to 56 years in prison.
Dominguez claimed in his wrongful death lawsuit that his son would have been alive if the Department of Children and Family Services had responsibly investigated the case.
Recently, the County Board of Supervisors approved the $450,000 payout to settle the lawsuit.
The lawsuit claims that in 2009, an AMR ambulance was transporting Barbara Grimes, 67, back after dialysis. However, the emergency medical technicians, who were shifting her into the ambulance, leaned over the stretcher, due to which, Grimes fell on the ground, hit her head and died after 5 days. Marc Breakstone, the plaintiffs’ attorney said, “If the ambulance crew had only followed company safety policies regarding stretcher operation, it would not have toppled over. This needless death was easily preventable.”
According to AMR spokesperson Ron Cunningham, “We are very disappointed by the verdict…We are reviewing our options and are considering appealing the ruling.”
The accident occurred at I-16, near Savannah, Georgia, after a tractor-trailer failed to stop, hence causing a chain reaction involving 6 other vehicles in front of it. Five people were killed while 3 others were injured in the accident.
On April 29, Kim Deloach McQuaig, the mother of Abbie Deloach, 21, filed a wrongful death lawsuit against the concerned trucking company, Total Transportation, as well as its Tennessee-based parent company U.S. Xpress Enterprises.
The lawsuit seeks a jury trial and demands $15,000 in addition to punitive damages and attorneys’ costs.
53-year-old Spence was killed in a collision with BNSF train on a rural road in Stoddard County.
Following his death, his wife Sherry Spence had filed a wrongful death lawsuit, claiming that the railroad crossing did not have lights, gates or a safe sight distance and the crew was negligent.