Sunday, August 28, 2011

Amtrak Sues Trucking Company After Fatal Downeaster Crash


NORTH BERWICK, Maine -- Amtrak is suing the Massachusetts company that owned the truck hit by the Downeaster passenger train last month in North Berwick, Maine.

The driver of the truck owned by Triumvirate Environmental Inc. of Somerville, Mass., was killed in the July 11 collision.

Amtrak claims the driver, 35-year-old Peter Barnum, of Farmington, N.H., ignored railroad crossing controls and warnings while crossing the tracks. Four passengers on the train suffered minor injuries.

The lawsuit claims Barnum drove the tractor-trailer around the lowered crossing gates, despite flashing lights and the train's horn.

It claims Triumvirate failed to properly train and negligently hired Barnum, who the lawsuit claims was "unqualified to operate the Kenworth tractor-trailer."

Amtrak says the damage exceeds $3 million, not including the loss in business during the cleanup.

Barnum was carrying a load of trash to an incinerator.

Amtrak has declined to comment on any pending litigation, and their attorney John Bonistalli said the lawsuit speaks for itself.

Bonistalli won't comment on why the lawsuit was filed before the investigation into the accident was completed, but he did say it's not uncommon.
Officials at Triumvirate Environmental have yet to return calls from News 9.

The suit was filed in federal court in Massachusetts.

SOURCE: Amtrak Sues Trucking Company After Fatal Downeaster Crash - New Hampshire News Story - WMUR New Hampshire

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