PHILADELPHIA – The sister of a man killed by a passing Amtrak train about a year-and-a-half ago alleges that the transit entity was responsible for his death by not anticipating his crossing the train tracks in an area commonly used by pedestrians.
Lisa King (as Administratrix of the Estate of Paul Richard King) of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 5 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 May 12, 2022, there was a gaping hole in the fencing protecting the track at the dead end of National Street near 6900 State Road in Philadelphia, Pennsylvania. On or about May 12, 2022, Mr. King walked through said hole onto the tracks,” the suit states.
“It is common practice for individuals to walk through said hole in the fence adjacent to the railroad in order to gain access to a nearby residential area. On May 12, 2022, at approximately 8:15 a.m., Septa train No. 705 struck and killed Mr. King. It is alleged, and therefore averred that Amtrak knew or had reason to know that adults were likely to trespass on the train tracks in this area of its land because they erected fencing which would prevent trespassers from walking onto the tracks. Thus, trespassers were anticipated.”
The suit adds that Amtrak, “as a possessor of the land on which the incident took place, owed Mr. King a duty of care to avoid serious bodily injury or death.”
“It is also alleged and therefore averred that Amtrak knew or should have known that a complete, well-maintained fence was necessary to prevent adults 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 adults. 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 adult trespassers from this danger. It is also alleged and therefore averred that was entirely foreseeable, at the time of the incident in question, that adult trespassers would walk through the hole in Amtrak's fence, onto the train tracks, owned and operated solely by Amtrak, because of the history of similar incidents and there was a lack of fencing or other barriers which would prevent adults from entering onto the tracks,” the suit says.
“As a direct and proximate result of the willful, wanton, negligent, careless and/or reckless conduct of Amtrak, Mr. King died at the scene of the incident, Mr. King’s daily activities and usual life’s pleasures were forever extinguished, Mr. King’s earning capacity and employment opportunities were terminated and the Estate of Paul Richard King incurred liability for emergency medical services, funeral and household expenses.”
For counts of negligence, survival and wrongful death, the plaintiff is seeking compensatory damages in an amount to be determined at trial by a jury, punitive damages in an amount to be determined at trial, a trial by jury, pre-judgment and post-judgment interest, recovery of costs including attorney’s fees, and any and all relief to which the plaintiff may be entitled.
The plaintiff is represented by Emeka Igwe of The Igwe Firm, in Philadelphia.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-03883
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com