Welder working on tracks was struck by an Amtrak train, sues Amtrak, BNSF

By Noddy A. Fernandez | Jan 31, 2019

CHICAGO — A couple is suing two railway companies, citing alleged negligence and loss of consortium.

Tood and Christina Dekeyrel filed a complaint on Jan. 15 in Cook County Circuit Court against Amtrak and BNSF Railway Co. alleging the defendants breached their duty to exercise reasonable care in the operation of a train.

According to the complaint, on Jan. 16, 2016, Todd Dekeyrel was in the course of his work as a welder and under the direction of defendant BNSF when he was struck by a passenger train operated by Amtrak. 

Plaintiff claims he was not provided with a functional "Highrail Limits Compliance System" that is designed to notify workers of their exact location on the tracks. Instead, Dekeyrel was provided with a device that was not working properly.

As a result, Dekeyrel suffered severe permanent injuries that caused his wife, Christina Dekeyrel, to lose the support of her husband.

The plaintiffs allege the defendants failed to operate the train at reasonably safe rate of speed, failed to keep proper lookout, and failed to properly alert Todd Dekeyrel of the oncoming train.

The plaintiffs request a trial by jury and seek more than $50,000. They are represented by David Blunt and Paul Slocomb of Blunt Slocomb in Edwardsville.

The Cook County Circuit Court Case No. is 19-L-000497.

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Blunt & Slocomb Circuit Court of Cook County

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