Passenger files $75K personal injury lawsuit in Amtrak-CSX collision

Passenger rail safety system gradually rolls out across the state

Passenger rail safety system gradually rolls out across the state

The lawsuit said "CSX's conduct...constitutes malice" The lawsuit also faults CSX for lack of positive train control in blaming CSX for the wreck.

Daymon was a passenger on the Amtrak train known as the Silver Service, which originated in NY and was bound for Miami, according to the lawsuit. Another incident occurred in North Carolina when a pastor and his wife were struck by an Amtrak train in mid-January, killing both the pastor and his wife.

The Amtrak engineer applied the brakes but it was too late and his train "crashed head-on into the idling CSX train", the lawsuit said.

Two Amtrak employees were killed and more than 100 injured as an Amtrak passenger train on the wrong track collided into a CSX freight train early Sunday morning in SC. More than 100 passengers were injured. The Amtrak train was traveling down the main track when it was diverted to a side track because a railroad switch was locked in the wrong position.

Daymon said CSX, the owner and operator of the rail lines, "improperly padlocked" a rail switch which "erroneously directed" the Amtrak train from its southbound path.

Because of that negligence, according to the suit, Michael Cella "was forced to endure the horrendous fear of his pending demise as the Amtrak Train approached the deadly collision point", his final moments marked by "great conscious pain and suffering".

"Our family has received many media inquiries, and we respectfully ask that you honor our privacy while we grieve and bury my husband and our children's father", Christine Cella said in a statement released by her lawyer, Howard A. Spier.


CSX had taken down its signal system along that section of track and, "as a result the railroad switches were being manually controlled by CSX".

Daymon also alleged CSX made a "deliberate decision that it will be cheaper to pay compensatory damages for claims resulting from train wrecks and derailments than to install and maintain an appropriate train control system".

Congress mandated the use of positive train control in 2008, but its implementation has been delayed.

The lawsuit also accuses Amtrak of failing to ensure Cella had a safe working environment.

"CSX does not comment on litigation".

The complaint alleges 28 instances of negligence against CSX and nine against Amtrak. "Promoting and strengthening a culture of safety are critical in any discussion of America's infrastructure".

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