Washington State Man Sues Over Cascade Derailment

A Washington State man has filed a lawsuit seeking damages to compensate him for injuries suffered in a December 2017 derailment of an Amtrak Cascades Service train near DuPont, Washington.

The lawsuit was filed by Timmy Brodigan, who was 16 at the time of the derailment.

The suit said he suffered a broken neck that has left him paralyzed.

The suit, which seeks an unspecified amount of damages, names Amtrak, the Washington State Department of Transportation and Sound Transit.

Although no damages amount was specified, the suit is seeking millions of dollars.

Although others filed lawsuits following the derailment, in which Cascades No. 501 plunged off a bridge and onto an interstate highway below, Brodigan’s suit is the first to name three defendant organizations.

The derailment left three dead and more than 60 injured.

A federal court jury earlier awarded $17 million to three victims in earliers cases.

An attorney representing Brodigan, Todd Gardner, said the negligence of the defendants resulted in his client now being dependent on a wheelchair to get around.

“He’d like his life back. He knows he’s not going to get that,” Gardner said at a news conference.

None of the defendants would comment on the lawsuit when asked about it by news media in Washington State.

Brodner’s lawsuit contends that Amtrak’s use of the Point Defiance Bypass south of Tacoma was rushed into service without adequate preparation.

The Dec. 18, 2017, derailment occurred on the first day of revenue service on the route.

Neither Amtrak nor Sound Transit has used the route since the derailment.

A National Transportation Safety Board investigation concluded that the Amtrak train was traveling nearly 80 miles per hour entering a 30-mph curve.

The NTSB report also noted that route did not yet have a positive train control system in operation at the time of the derailment.

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