cloudyn.png
Monday October 3rd, 2022 8:47PM

BNSF: Rail accident victims should have to use arbitration

By The Associated Press
Related Articles
  Contact Editor

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.

  • Associated Categories: Associated Press (AP), AP Business, AP Business - Corporate News
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Ex-Illinois cop charged in 2020 fatal shooting of Black man
A former suburban Chicago police officer who was fired after he shot into a car two years ago, killing a Black man and seriously wounding the man’s girlfriend, has been charged with second-degree murder and involuntary manslaughter
3:58PM ( 33 minutes ago )
Smoking ban talk nixed, but workers get loud outside casino
Irate that a session to discuss a proposed smoking ban during a casino industry conference was canceled, casino workers and patrons opposed to smoking in the gambling halls held a noisy protest outside the meeting Thursday in New Jersey
3:58PM ( 34 minutes ago )
US stocks fall broadly as global central banks raise rates
Stocks fell on Wall Street and added to weekly losses for major indexes as central banks around the world hike interest rates to fight inflation
3:54PM ( 37 minutes ago )
Associated Press (AP)
US sanctions Iranian morality police after woman's death
The U.S. government has imposed sanctions on Iran’s morality police after the death in custody of a woman who'd been accused of wearing her Islamic headgear too loosely
3:17PM ( 1 hour ago )
Fugitive in massive Navy bribery case caught in Venezuela
A Malaysian defense contractor nicknamed “Fat Leonard” who orchestrated one of the largest bribery scandals in U.S. military history has been arrested in Venezuela
3:13PM ( 1 hour ago )
Execs: US casinos learned some useful lessons from pandemic
The COVID pandemic forced most U.S. casinos to close for months, causing payrolls, revenue and earnings to tumble
3:03PM ( 1 hour ago )
AP Business
France wants to boost renewable energy, now lagging behind
President Emmanuel Macron is set to unveil a plan to boost renewable energy in France including offshore wind farms and solar power
5:59AM ( 10 hours ago )
Thieves key on hack that leaves Hyundai, Kia cars vulnerable
Some Hyundai and Kia cars and SUVs are missing a “key” anti-theft device, and thieves know
1:21AM ( 15 hours ago )
'Art of the steal': Trump accused of vast fraud in NY suit
New York’s attorney general has sued former President Donald Trump and his company, alleging business fraud involving some of their most prized assets, including properties in Manhattan, Chicago and Washington, D
10:40PM ( 17 hours ago )
AP Business - Corporate News
Ex-Illinois cop charged in 2020 fatal shooting of Black man
A former suburban Chicago police officer who was fired after he shot into a car two years ago, killing a Black man and seriously wounding the man’s girlfriend, has been charged with second-degree murder and involuntary manslaughter
3:58PM ( 33 minutes ago )
Smoking ban talk nixed, but workers get loud outside casino
Irate that a session to discuss a proposed smoking ban during a casino industry conference was canceled, casino workers and patrons opposed to smoking in the gambling halls held a noisy protest outside the meeting Thursday in New Jersey
3:58PM ( 34 minutes ago )
US stocks fall broadly as global central banks raise rates
Stocks fell on Wall Street and added to weekly losses for major indexes as central banks around the world hike interest rates to fight inflation
3:54PM ( 37 minutes ago )
One day after Zelenskyy speech, US, Russia square off at UN
The United States has made its case at the U.N. Security Council for why Russia should face further censure and isolation over the Ukraine invasion
3:53PM ( 38 minutes ago )
Lawyer: Teen a worry months before Michigan school shooting
A lawyer representing families of victims of a Michigan high school shooting says some teachers and a counselor were aware of the suspect's troubling behavior months before the mass shooting last fall
3:53PM ( 38 minutes ago )