Train passenger alleges negligence in violent Amtrak crash

By Carrie Bradon | Feb 8, 2016

PHILADELPHIA — A New Jersey passenger is suing Amtrak, alleging negligence in a fatal train crash.

Osvaldo Gerald, of West Orange, New Jersey, filed a lawsuit July 23 in the U.S. District Court for the Eastern District of Pennsylvania against National Railroad Passenger Corporation, also known as Amtrak, alleging negligence.

According to the complaint, on May 12, 2015, while on Train 188 from Washington to New York, there was a particularly dangerous curve, which had been the site of a previous train wreck. Despite signs concerning the speed of the train, the conductor failed to adjust the speed to a safe velocity, the suit states.

Because of this negligence, the lawsuit says, the train derailed, killing eight people and injuring more than 200, including the plaintiff. The suit says the injury to Gerald's shoulder resulted in loss of income. The plaintiff alleges it was the responsibility of the defendant to provide safe conditions for passengers.

Gerald seeks damages of more than $150,000 for all injuries suffered and all legal fees. He is represented by attorneys James J. McEldrew III and Daniel Purtell of McEldrew Young in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-cv-04064

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