Family of 82-year-old man killed in Missouri train derailment files wrongful death lawsuit
The family of one of three passengers killed when an Amtrak train derailed after crashing into a truck in rural Missouri is suing the company that owned the truck, according to court documents.
The family of Binh Phan, 82, of Kansas City, filed a wrongful death lawsuit in Chariton County Circuit Court against MS Contracting, which owned the truck that the train crashed into on June 27 near Mendon, Missouri. The lawsuit also lists a legal representative for Billy Barton, the driver of the truck who was killed in the crash, as a defendant.
The lawsuit alleges Barton and MS Contracting were negligent in following safety precautions.
“As a direct and proximate result of Defendants’ wrongful acts and negligent conduct, (Phan) died,” Sam Wendt, an attorney for Phan and his family, wrote in court documents.
It alleges that Barton failed to operate his vehicle with reasonable safety, and that MS Contracting was negligent in hiring, retaining and supervising the driver.
Several members of Phan’s family who were also aboard the train are included as plaintiffs because they also sustained injuries in the collision, according to court documents. Phan and his family were traveling for vacation when the train crashed.
“This train’s derailment was an unimaginable tragedy for Mr. Phan’s family and every family of those who were impacted,” Wendt told The Star in a statement. “We are grateful for the work of all first responders and community members who assisted the injured at the scene. While we are investigating the circumstances surrounding this incident, we hope those involved can begin the healing process.”
The lawsuit claims that the family is entitled to damages for the wrongful death of Phan, including money for his funeral and burial.
Several lawsuits have been filed in the aftermath of the train crash.
Barton’s wife filed a wrongful death lawsuit against Chariton County, where the crash occurred, and BNSF Railways, the company that owns the track and crossing where the crash occurred.
Family members of a woman who was among the three passengers killed in the crash filed a lawsuit against BNSF Railways and MS Contracting seeking damages in connection with her death.
Four passengers and two crew members who were aboard the train filed civil lawsuits in July against Amtrak, BNSF Railways and MS Contracting. Another couple who was aboard the train filed a lawsuit after a woman sustained life-altering injuries in the crash.
Amtrak and BNSF filed a lawsuit blaming the trucking company for causing the crash. Lawyers for the companies said the driver passed the crossing in an unsafe manner, according to court documents.
MS Contracting did not immediately respond to a request for comment on the latest lawsuit.
