Amtrak passenger files $75K personal injury lawsuit against CSX for Cayce collision

NTSB image.

A passenger who was injured Sunday in the Amtrak-CSX collision in Cayce has filed a $75,000 lawsuit against CSX.

In documents filed Wednesday, James Daymon filed a personal injury lawsuit in Lexington County for the collision.

Two Amtrak employees were killed in the crash and more than 100 people were taken to the hospital. Injuries ranged from scrapes and cuts to broken bones. Michael Kempf, 54, of Savannah, GA and Michael Cella, 36, of Orange Park, FL, died.

Daymon said CSX, the owner and operator of the rail lines, “improperly padlocked” a rail switch which “erroneously directed” the Amtrak train from its southbound path. The Amtrak train collided with a parked CSX freight train.
The lawsuit said “CSX’s conduct…constitutes malice” The lawsuit also faults CSX for lack of positive train control in blaming CSX for the wreck.

“This train wreck comes on the heels of CSX announcing 2017 fourth-quarter profits of $4.14 billion,” the suit says. “It is totally unjustifiable for CSX to take annual profits in the billions of dollars and simultaneously refuse to fund Positive Train Control to protect the lives of people who ride on its tracks.”
Daymon’s lawyers are with the Solomon Law Group. He is asking for a jury trial to award damages in the amount of $75,000 for lost wages, physical pain and suffering, property damage, and gross negligence.