PHILADELPHIA – The conductor of an Amtrak train that derailed in Philadelphia in May 2015, resulting in the deaths of eight people and injuries to more than 200, has sued the transportation company, claiming it violated the Federal Employers Liability Act (FELA) by not providing him a safe workplace.
Brandon Bostian of Massachusetts filed suit on Jan. 25 in the Philadelphia County Court of Common Pleas, against National Railroad Passenger Corporation (Amtrak) of Philadelphia.
“On or about May 12, 2015, and for some time prior thereto, plaintiff was employed by defendant, Amtrak as an engineer and on that date in the performance of his duties he sustained serious, permanent and painful injuries. While operating a train that was under attack by projectiles, one of which caused plaintiff to become disoriented and/or unconscious, plaintiff was caused to sustain injuries due to the negligence and carelessness of the defendant. As a result, plaintiff sustained severe personal injuries hereinafter described,” the suit says.
Bostian alleges Amtrak did not provide him with a safe work environment, proper training and adequate safety protection, failed to warn him of the dangerous condition and failed to correct the dangerous condition specified in the litigation.
Bostian says he sustained injuries to his head, back and legs in the derailment, in addition to post-concussion syndrome and psychological injuries. Bostian claims some or all of these injuries are permanent, that he sustained a physical or mental impairment which may prevent him from undertaking his usual duties, a loss of earning power, physical and mental anguish, fiscal and credit rating losses and funds expended for his medical treatment.
The plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by Robert S. Goggin III of Keller & Goggin, in Philadelphia.
Philadelphia County Court of Common Pleas case 170103489
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com