PHILADELPHIA – The families of two minor children from Chester, who were killed in April by a passing Amtrak train going from New York to Washington, D.C., have filed a $20 million wrongful death lawsuit against the transportation company.
Siana Gordon (Administratrix of the Estate of Jahaad Atkinson, a minor) and Wydeia Kimble (Administratrix of the Estate of Ah’yir Womack, a minor) both of Chester, filed suit in the U.S. District Court for the Eastern District of Pennsylvania on July 27 versus National Railroad Passenger Corporation, of Washington, D.C.
“Amtrak owns railroad lines in the eastern United States that are enclosed by fencing. Amtrak is responsible for building, repairing, and maintaining said fencing. On or about April 29, 2023, there was a gaping hole in the fencing protecting the track at the location of Central and Tilghman Streets in Chester, Pennsylvania,” the suit says.
“It is common practice for children to walk through said hole in the fence adjacent to the railroad in order to gain access to the nearby playground at Memorial Park. On April 29, 2023, five to seven children, including Jahaad and Ah’yir, walked through said hole onto the tracks. On April 29, 2023, at approximately 4:30 p.m., Amtrak Train 161, going from New York to Washington D.C., struck and killed Jahaad and Ah’yir. Amtrak is in possession of video that allegedly captured Jahaad and Ah’yir being struck by Train 161.”
The suit adds that same video illustrates that Jahaad and Ah’yir were “dragged by the Amtrak train and did not die instantaneously.”
“It is alleged, and therefore averred that Amtrak knew or had reason to know, that children and adults were likely to trespass on the train tracks in this area of its land because they erected fencing which would prevent children from walking onto the tracks. Thus, trespassers were anticipated. Amtrak, as a possessor of the land on which the incident took place, owed Jahaad and Ah’yir, minors, a duty of care to avoid serious bodily injury or death,” the suit states.
“It is also alleged and therefore averred that Amtrak knew or should have known that a complete, well-maintained fence was necessary to prevent children from trespassing on its train tracks. As such, Amtrak knew or should have known that lack of such a fence would pose an unreasonable risk of death and/or a serious bodily injury to those children. It is also alleged and therefore averred that Jahaad and Ah’yir, because of their youth, neither discovered the dangerous condition, nor realized and/or appreciated the serious risk of death or bodily injury involved in crossing Amtrak's train tracks. It is also alleged and therefore averred that Amtrak failed to exercise reasonable care to eliminate the danger and risk of death and serious bodily injury or otherwise protect children from this danger.”
For counts of negligence, survival and wrongful death, the plaintiffs are seeking compensatory damages and punitive damages in an amount to be determined at trial, pre- and post-judgment interest, costs including reasonable attorney’s fees, any and all relief to which the plaintiffs may be entitled and a trial by jury.
The plaintiffs are represented by Emeka Igwe of The Igwe Firm, in Philadelphia.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-02884
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com