Injured conductor sues Amtrak over deadly derailment

Posted at 6:01 AM, May 19, 2015
and last updated 2015-05-19 06:07:06-04

PHILADELPHIA (AP/PIX11) — One of the conductors aboard an Amtrak train that derailed last week in Philadelphia, killing eight passengers, has sued the rail carrier, marking the latest lawsuit to stem from the deadly crash.

Emilio Fonseca, of Kearny, New Jersey, filed the lawsuit Monday in Newark. It seeks unspecified damages. The complaint accuses Amtrak of “negligence and carelessness” in the May 12 derailment that killed eight people and injured more than 200.

Fonseca’s attorney, Bruce Nagel, said he suffered broken bones and head trauma and is still hospitalized in Philadelphia.

The Amtrak train from Washington to New York derailed as it passed through Philadelphia. Investigators have said the train was traveling more than 100 mph just before it entered a curve where the speed limit is 50 mph.

Four passengers have also sued Amtrak, which has said it does not comment on pending litigation.

Among the other passengers suing the agency is Bruce Phillips. He was in the last of the train’s seven cars on his way to work at a New York City dispatch center, lawyer Bob Myers said.

Myers said Amtrak is to blame regardless of whether the derailment resulted from operator action or mechanical failure. The federal lawsuit seeks damages in excess of $150,000.