A catastrophic train derailment involving an Amtrak passenger train has led to a significant lawsuit filed by two injured passengers. The complaint, submitted by plaintiffs Barbara Ardoin and Douglas Allen Myers on June 17, 2024, in the Ventura Superior Court, names the National Railroad Passenger Corporation (Amtrak), County of Ventura, and Ventura County Public Works as defendants.
The case stems from a tragic incident on December 28, 2023. According to the complaint, Ardoin and Myers were traveling from Maricopa, Arizona to Seattle via Los Angeles when their train collided with a Ventura County Public Works water truck at milepost 422 in Ventura County. The collision resulted in severe injuries for Ardoin and minor injuries for Myers. The plaintiffs allege that the accident was caused by negligence on the part of both Amtrak and Ventura County entities.
The plaintiffs’ attorney, June P. Bashant of Rouda, Feder, Tietjen & McGuinn, asserts that Amtrak failed to exercise the highest degree of diligence required for common carriers. "Defendants breached their duty by operating Amtrak train #14 too fast for conditions and failing to timely see, observe, and stop the train before colliding with the water truck," reads the complaint. Additionally, it is alleged that Amtrak failed in safely evacuating passengers post-collision which exacerbated Ardoin's injuries.
The lawsuit also accuses Ventura County Public Works of negligence for allowing its water truck to cross the tracks despite an approaching train. The engineer reportedly blew the whistle cadence upon approach but was unable to prevent the collision after putting the train into emergency mode. "The failure to recognize an unsafe condition with an approaching Amtrak train on track as well as an imminent collision" is cited as a breach of duty by Ventura County.
Ardoin suffered multiple physical injuries including head trauma and spinal damage along with emotional distress due to this incident. Her husband Myers claims loss of consortium due to his wife's incapacitation following her injuries.
In their filing, Ardoin and Myers seek economic damages for medical expenses incurred and future medical costs along with non-economic damages for pain and suffering. They are also requesting pre-judgment interest pursuant to Civil Code §§ 3287, 3288, and 3291.
Representing Ardoin and Myers is attorney June P. Bashant from Rouda, Feder, Tietjen & McGuinn law firm based in San Francisco. The case has been assigned Case No. 2024CUPP026009 in front of judges at Ventura Superior Court.