Grant Davis, who was appointed as a lead attorney for a plaintiff’s committee working to consolidate pre-trial matters in the numerous lawsuits, said BNSF is trying to take away his clients’ constitutional right to a jury trial.
“We believe they are wrong factually and legally on this issue," Davis said. “The fact that BNSF was not a party to (Amtrak’s) poor attempt at an arbitration agreement is fatal to this effort. It’s adding insult to injury for BNSF to file a case against the very people it injured."
Among the defendants named in the lawsuit are relatives of the three passengers who died: Rochelle Cook, 58, and Kim Holsapple, 56, both of De Soto, Kansas; and Binh Pham, 82, of Kansas City, Missouri.