The family of a Wilmington man, killed when an Amtrak train slammed into a backhoe crew near Chester, PA, filed a complaint in state court on Thursday.
Joe Neal Carter, Jr. was killed by an Amtrak train traveling at 106 mph on Sunday morning, April 3. He had been with the federally owned railroad for four decades.
The negligence complaint was filed Thursday in the state Court of Common Pleas by attorneys for his estate.
Attorneys Tom Kline, Esq., of Kline & Specter, P.C., and Robert J. Mongeluzzi, Esq., of Saltz, Mongeluzzi, Barrett & Bendesky, P.C., and their associates, announced the filing on behalf of Montia Carter, Carter’s daughter and legal representative, and Brandon Carter, his son.
Also killed was Peter Adamovich, Carter’s supervisor.
According to the Complaint, Amtrak “failed to follow its own procedures, federal regulations, and industry standards for ensuring the safety of its employees on its tracks, including, but not limited to, diverting trains from tracks where work was being performed; notifying all personnel on trains the location of workers who were on tracks; ensuring that all necessary personnel were informed that workers were on the tracks; and ensuring train engineers were signaled of workers on the tracks.”
The two firms that represent Mr. Carter’s family also represent victims in the federal Multidistrict Litigation (MDL) related to the May 12, 2015, Amtrak Train 188 fatal derailment just outside Center City Philadelphia that claimed eight lives.
The accident remains under investigation by the National Transportation Safety Board.
