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A successful chef who suffered a broken spine in the recent Amtrak crash is now bringing a claim for compensation against the train company.
Plaintiff Eli K., a successful chef with three restaurants in Philadelphia and another about to open in New York, was a passenger on board Amtrak 188 train on May 12, 2015. As the train entered the Frankford Junction section of Philadelphia late that evening, it began to accelerate instead of decelerating as it was supposed to. The train’s speed increased from 70 to 100 miles per hour on a section of track with a 50 mile per hour speed limit. The train entered a curve at about 106 miles per hour and derailed.
Eli now alleges in his Amtrak lawsuit that the derailment caused a spinal fracture that left him paralyzed. He says the paralysis prevents him from continuing his regular career as a chef. Marissa and Eli say the accident and his resulting injury are attributable to negligence on Amtrak’s part in training the train’s crew on the safe operation of the train.
Marissa’s Loss of Consortium Claim
While Eli seeks compensation from Amtrak for his own paralysis, his wife Marissa is bringing her own claim for loss of consortium. This type of claim is available for the spouse of a wrongfully injured person and seeks compensation for the effect of the victim’s injuries on the spousal relationship.
Loss of consortium is most typically thought of as a claim for the harm done to the couple’s sexual relationship when one partner’s injuries have negatively affected or outright ended the couple’s ability to have sex. The claim can more broadly cover the loss of “comfort and society” when, for example, one partner’s injuries cause psychological effects that change the relationship for the worse or prevent the couple from engaging in activities together that were previously a significant part of their relationship.
It may be possible to get compensation for the loss of almost any practical aspect of the relationship that one could think of, such as loss of performance of services or simply help around the house. Loss of consortium, however, does not typically cover any lost income the spouse may have suffered due to the victim’s injury.
Marissa’s loss of consortium claim alleges that because of Amtrak’s culpable action, Eli is no longer able to perform the “duties of a husband” that he used to – specifically, “maintaining the home, caring for their child, providing love, companionship, affection, society, sexual relations, moral support and solace.”
Marissa and Eli are seeking an award of damages to compensate for the loss actually incurred as well as any applicable statutory damages. They are also seeking an award of punitive damages and attorneys’ fees based on Amtrak’s allegedly “outrageous, willful and grossly reckless conduct.”
The Amtrak Crash Lawsuit is Case No. 1:15-cv-04791-AT, in the U.S. District Court for the Southern District of New York.
Obtain a Free Amtrak Train Crash Lawsuit Evaluation
If you or a loved one were injured or killed during the May 12, 2015 Amtrak derailment, you may have a legal claim.
