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Cranston rail worker alleges defective Amtrak car caused 2023 fall
David Chun says he fell about 20 feet while trimming branches after a platform rail car’s safety mechanism failed. His federal lawsuit accuses Amtrak of negligence and seeks compensation for serious injuries and lost income.
A Cranston man who says he suffered serious injuries in a 20-foot fall while working for Amtrak is suing the passenger railroad, alleging a safety mechanism on a platform rail car failed and that the equipment had not been properly maintained.
David Chun was trimming tree branches in October 2023 when he fell from the car, according to the complaint filed last week in U.S. District Court in Providence. The lawsuit says Chun was working in a remote area and emergency responders had to travel more than a mile along the tracks to reach him.
The complaint says Chun suffered a large chest hematoma, a puncture wound to his left buttock from a tree branch and a ruptured bladder. He was taken to Rhode Island Hospital, where he spent several weeks recovering, underwent multiple surgeries and later required at-home care, according to the lawsuit. It also says complications led to further hospital visits.
Chun alleges he followed safety procedures and that Amtrak failed to properly inspect and maintain the platform car, ignored known safety problems and put the equipment into service despite deficiencies. The lawsuit says the injuries caused lost wages and benefits, physical pain and disfigurement. Those claims have not been tested in court.
The suit alleges negligence and seeks compensatory damages and a jury trial. Amtrak and Chun’s attorney had not responded to requests for comment as of the report’s publication.
The case was brought under the Federal Employers’ Liability Act, a 1908 law that allows railroad employees to seek damages directly from their employer for workplace injuries. Unlike workers covered by most state workers’ compensation systems, railroad workers must establish that their employer’s negligence contributed to their injuries.