Victims of a deadly Amtrak crash in rural Missouri cannot sue for damages because they checked a required box acknowledging a lengthy set of terms and conditions when buying tickets, BNSF Railway contends.
The Fort Worth, Texas-based freight railroad filed a lawsuit in federal court Tuesday against some of the passengers who were injured and heirs of those who died in a June 27 crash at a rural railroad crossing near Mendon, Missouri.
BNSF seeks a preliminary injunction forcing the victims to arbitrate with the railroad rather than proceed with their lawsuits in court. The railroad is also asking a federal judge to halt lawsuits pending in Missouri state courts.
In support of their legal arguments, lawyers for BNSF included as an exhibit a photographic example of the agreement, containing the two-sentence statement referencing — in the same breath — the “binding arbitration agreement and rules regarding COVID travel.”
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