JACKSONVILLE, Fla. — The family of an elderly Glynn County couple killed in a train crash last year during their 50th wedding anniversary filed a federal lawsuit Tuesday against both Amtrak and BNSF for wrongful death and negligence.
On Sep. 25, Donald and Marjorie Varnadoe, 74 and 72 respectively, were on what their family called the "trip of a lifetime" aboard Amtrak's Empire Builder. The train was traveling between Chicago and Seattle when it derailed near Joplin, Montana. The tracks the crash happened on were owned by BNSF.
Three people, including the Varnadoes and Zach Schneider, were killed in the crash. About 50 others were injured.
“Still reeling from the loss of incredible parents, loving grandparents, deeply religious, compassionate and charitable pillars of their close-knit St. Simons Island community, the Varnadoe family has asked us to do everything possible to hold those responsible for Don and Margie’s deaths fully accountable, and continue to forcefully advocate for life-saving improvements along the entire Amtrak system," Robert J. Mongeluzzi, who is representing the Varnado family, said. "They fear that unless there’s meaningful reform – not lip service - and strict oversight, it’s inevitable that tickets to ride Amtrak will end in more and more senseless passenger injuries and deaths.”
Saltz Mongeluzzi & Bendesky, P.C. filed the lawsuit , which alleges both Amtrak and BNSF failed to identify track buckling as a contributing factor to the crash. Buckling happens when environmental factors such as heat and cold cause rails to contract and expand, thus changing the tracks' shape. Over time, this process can cause potential derailments.
“Amtrak and BNSF should have ensured adequate safety and maintenance measures were in place to prevent track buckling and identify all potential track issues that could lead to tragedy," attorney Jeffrey P. Goodman said. "This location has an over 40-year history of derailments, tragically, Amtrak and BNSF failed to learn from lessons of the past and the Varnadoes are determined to ensure they do not make that mistake in the future.”
According to the lawsuit, the same line has been the site of three previous derailments in 1979, 1980 and 1988.
The lawsuit says the plaintiffs are seeking damages for expenses paid for in the wake of the Varnadoes deaths and the emotions and psychological pain the family suffered.
Both Amtrak and BNSF face two counts of negligence, wrongful death and survival action.
You can read the full lawsuit below.