A group of passengers is suing Amtrak and BNSF Railway over the fatal train derailment that happened in Montana at the end of September.
Robert Kozlowski said his friends, Don and Marjorie Varnadoe, were passengers on the Empire Builder train. Seattle was included in the stops on their tour across America.
His friends never made it to the Pacific Northwest. They were among the three people killed in the Amtrak derailment in Joplin, Montana on Sept. 25.
“They were planning for months and months and really looking forward to it. We’re all still feeling the loss,” Kozlowski said. “I think we’re all still in shock.”
Kozlowski, who is a realtor in Georgia, said the loss of his friends is still settling in and he can understand why those who survived the disaster are suing.
“Every family has to grieve in the way they feel is right. If they feel that’s their best course, that’s what they should do,” Kozlowski said.
Kris Riddle works for Clifford Law Offices, which filed separate suits on behalf of seven passengers who were hurt in the derailment.
“All of these people woke up that morning and had different plans than what ended up occurring. This train derailed through no fault of theirs,” said Riddle.
Riddle works for the same firm that obtained a multimillion-dollar decision against Amtrak over the 2017 derailment in DuPont, Washington.
The Empire Builder was traveling through rural Montana carrying 141 passengers and 16 crew members. It had two locomotives and 10 cars, eight of which derailed, some tipping onto their sides.
“We are seeking damages to make these people whole. There are physical and emotional injuries that all of these individuals sustained,” said Riddle.
Clifford Law Offices said a couple from Massachusetts who were traveling to see family in Seattle escaped from a tilted rail car.
In a statement, Ryan and Hanna Shea wrote,
“Our hearts ache for the families and friends of the three people killed in the derailment, and for the passengers and crew who were severely injured. The faces of people who we saw during our time on the train, and in the wreckage, are very much still with us.”
The Sheas were on their first-ever train trip, while Don and Marjorie Varnadoe were celebrating their 50th wedding anniversary.
In Kozlowski’s mind, the Varnadoes are still together. But a piece of him is lost with the death of his friends.
“That’s the kind of people we should all be, somebody who is going to be there for others who is honest and dependable,” Kozlowski said. “The outpouring of love and their loss and the feeling of loss will always be here.”
Clifford Law Firm expects more passengers to join its suit against Amtrak and BNSF.
“What these people had to live through is something nobody would want to experience,” said Riddle.
The National Transportation Safety Board is now in charge of the investigation and is examining video from the tracks. Its preliminary report is supposed to come out within 30 days.
Amtrak released the following statement:
“We are deeply saddened by the loss of life and injuries due to the derailment of the Empire Builder train on Sept. 25, near Joplin, Mont., on BNSF railroad. It is inappropriate for us to comment further on pending litigation.”
A spokesperson for BNSF said the company does not comment on pending litigation.