PHILADELPHIA – A Brooklyn woman is suing Amtrak following an accident in which she allegedly sustained injuries.

Seyward Darby filed a complaint Sept. 8 in the U.S. District Court for the Eastern District of Pennsylvania against National Railroad Passenger Corp., doing business as Amtrak, alleging gross negligence.

The plaintiff purports that on May 12 when she was on the Amtrak train No. 188, the vehicle was maintaining speeds of more than 100 mph, even while traveling through a 50-mph zone. On a specific turn, the train allegedly failed to reduce its speed to an acceptable velocity, resulting in the derailment of the train near Philadelphia, killing eight and injuring more than 200 passengers, the complaint states. The crash threw Darby from her seat and caused her irreparable physical injuries such a blunt impact trauma, torn back muscles, cracked ribs and post-traumatic stress disorder, the complaint states. She is suing Amtrak for gross negligence.

Darby is seeking compensation of more than $150,000 for all damages received and for all legal fees. She is represented by Jordan K. Merson of Kramer, Dillof, Livingston and Moore in New York. The case has been assigned to Judge Legrome D. Davis.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-cv-04998

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