A Pennsylvania federal judge has dismissed a lawsuit seeking to hold Amtrak responsible for the tragic deaths of two boys who were struck and killed by a train. The ruling, delivered Thursday by U.S. District Judge Mary Kay Costello, affirms Amtrak’s immunity under Pennsylvania’s Railroad Civil Immunity Statute, as the boys were found to be trespassing at the time of the fatal train accident.
The lawsuit was filed by Siana Gordon and Wydeia Kimble, mothers of the deceased children, Jahaad Atkinson, 9, and Ah’Yir Womack, 12. The boys were walking along an elevated railroad track, which was not a designated crossing, when they were struck. Video evidence showed the boys walking longitudinally on the tracks rather than crossing at a proper location.
Judge Costello’s order highlights that Amtrak is shielded from liability since the boys were trespassing and there was no evidence of willful or wanton misconduct by the railroad company. The court noted that the train engineer sounded the horn well in advance and was traveling below the speed limit at the time of the accident.
Additionally, the judge rejected claims that Amtrak failed in its duty to install fencing to prevent access to the tracks, stating that under Pennsylvania law, Amtrak has no such legal obligation.
Counsel for both parties and representatives for Amtrak did not immediately respond to requests for comment.
