Posts Tagged ‘lawsuit against Amtrak’

Amtrak Liable for Assault on Passenger by Employee

April 17, 2018

Amtrak can be held liable for damages caused by the rape of a sleeping car passenger by an Amtrak employee, a federal magistrate judge has ruled.

The assault occurred in Montana aboard the Empire Builder. The woman who was assaulted is from North Carolina.

Charles Henry Pinner, of Detroit was later convicted of the attack and is serving a 60-year prison sentence.

Amtrak had sought to escape liability by saying that Pinner’s actions were outside the scope of his work.

However, Judge John Johnston decided that because Amtrak is a common carrier it has a duty under state law to “use the utmost care and diligence” in providing safe travel and is responsible for employees hired to meet that duty.

Johnston’s recommendations must be approved by U.S. District Judge Brian Morris.

Court records indicate a settlement conference was held in late March pertaining to the North Carolina woman’s lawsuit against Amtrak.

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Sturtevent Sues Amtrak over Unpaid Bill

April 19, 2017

Sturtevent, Wisconsin, officials have launched litigation against Amtrak over what the village describes as unpaid fees for repair work done on the station last year.

The village owns the station and is seeking $45,780.56 plus interest, costs, disbursements and attorney fees.

The work involved replacement of the steel bottoms of four glass shelter buildings at the train station, which had rusted over the years

Village Engineer Jeff Seitz said Amtrak leases the depot from Sturtevent and is responsible for 85 percent of its maintenance costs but not for capital improvements.

Amtrak contends the repair work was a capital improvement not a maintenance matter and has declined to pay for the repairs.

“Despite repeated demands, defendants have failed and refused to pay the remaining balance due,” the lawsuit says.

Amtrak spokesman Marc Magliari said that the rail passenger carrier is aware of the lawsuit and will respond in court.

Seitz said the lawsuit was expected because the village and Amtrak had been talking about the project, including price quotes, for about a year before the Village Board directed him to get the work performed and then file a claim.

He said it is the first such dispute the village has ever had with Amtrak. Sturtevent officials hopes that a judge will be able to come up with a better definition of what is maintenance and what is a capital improvement at the depot.

The Wisconsin city near Racine is served by Amtrak’s Hiawatha Service trains.