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Families of Chester boys killed on railroad tracks sue Amtrak for $20 million

Allege negligence over ‘gaping hole’ in fence



In April, an Amtrak train passes over Engel Street in the area where two children where killed. The parents of the children have sued Amtrak for $20 million. (PETE BANNAN-DAILY TIMES)

By ALEX ROSE | arose@delcotimes.com | The Delaware County Daily Times
PUBLISHED: August 10, 2023 at 7:30 a.m. | UPDATED: August 11, 2023 at 7:19 a.m.

The families of two Chester boys killed by a train in April have filed a $20 million lawsuit in federal court against National Railroad Passenger Corp., better known as Amtrak. ... Siana Gordon, mother of 9-year-old Jahaad Marquise Atkinson, and Wydeia Kimble, mother of 12-year-old Ah’Yir Hazeem Womack, are alleging claims for wrongful death and negligence in a complaint filed in the U.S. District Court for the Eastern District of Pennsylvania. ... No attorney was listed for Amtrak on court documents and a call to the regional media relations officer for comment was not returned.

The plaintiffs, represented by Philadelphia attorney Emeka Igwe, claim Amtrak failed to keep the youths off its property when they were struck and killed by Amtrak train 161, heading from New York to Washington D.C. at approximately 4:30 p.m. April 29.

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The suit alleges there was a “gaping hole” in fencing along the track at Tilghman and Central streets, which five to seven youths used that day to access the tracks. The hole was commonly used as a shortcut to a playground at Memorial Park, according to the complaint. ... The plaintiffs say Amtrak was aware that a complete, well-maintained fence was necessary to keep children from trespassing on its tracks and that lack of such a fence posed an unreasonable risk of death or serious injury.

“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,” the suit states. “Thus, trespassers were anticipated. Amtrak, as a possessor of the land on which the incident took place, owed Jahaad and Ah’yir … a duty of care to avoid serious bodily injury or death.” ... The plaintiffs argue that the boys, because of their youth, could not appreciate the risk of death or injury involved in crossing the tracks and that children aged 7 to 14 are given a rebuttable presumption of being incapable of negligence in Pennsylvania courts.

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Report of 2 struck on train tracks in Chester; 2 dead [update]

By DAILY TIMES |
PUBLISHED: April 29, 2023 at 5:17 p.m. | UPDATED: April 29, 2023 at 7:14 p.m.

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Numerous EMS units from Chester and Marcus Hook responded to the scene which is west of Subaru Park in Chester.

This is a developing story. Check back for details.