Tractor-trailer driver sues Amtrak, PennDOT and City of Chester over railroad bridge incident

By Jon Campisi | May 13, 2013

A tractor-trailer driver has filed a personal injury claim against Amtrak, the City of

Chester and the Pennsylvania Department of Transportation over allegations that he became injured after the tailpipes of his vehicle struck the underside of a railroad bridge in Delaware County two summers ago.

New York resident Victor Alvarado claims in his lawsuit, filed May 10 at the federal courthouse in Philadelphia, that the June 1, 2011, accident caused him to sustain a variety of injuries, including a bulging disc in his back, a left rotator cuff tear, nervous system damage and traumatically induced urinary incontinence.

The complaint says that Alvarado was operating a 2006 Century Freightliner Tractor, proceeding southbound on Upland Street approaching Amtrak’s Fifth Street underpass in Chester when the incident occurred.

The plaintiff asserts negligence claims against all three defendants. They are accused of failing to properly maintain the railroad bridge, failing to ensure that there was proper street signage warning motorists of the height of the bridge, failing to prevent vandalism and/or removal of the bridge height signs, and creating a nuisance on a public highway.

Alvarado claims he suffered earnings losses due to his inability to work following the accident. He also states he incurred significant medical bills, and experienced pain and suffering following the incident.

The plaintiff seeks unspecified damages against all three defendants.

Alvarado is being represented by Philadelphia lawyer Henry Yampolsky, of the firm Galfand Berger LLP.

The federal case number is 2:13-cv-02567-PBT.

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