Wrongful Death Lawsuit Against Amtrak Dismissed

A Cary woman who filed a wrongful death lawsuit after her husband was killed at a railroad crossing recently had her case dismissed from court. Her husband, Jack Milton Daniels, was killed on June 9, 2009 when he drove onto the crossing in Raleigh near Hillsborough and Royal streets and his car was hit by the Amtrak train.

Nanette Daniels, his wife, filed a complaint seeking $450,000 in damages from National Railroad Passenger Corp., Amtrak's parent company and from CSX Transportation Inc., which owns and maintains the rail line. The law suit argued that the safety arms malfunctioned and trapped Jack Daniels in the middle of the crossing, but police reported that the 60-year-old man ignored the flashing signal at the crossing and appeared to stop his car in the middle.

The lawsuit was dropped by Federal Judge Terrence Boyle after finding that Nanette Daniels lacked capacity to sue under North Carolina law because she is not the administrator of his estate. North Carolina has specific laws regarding wrongful death claims throughout the state, and many times victims will try to file for lawsuits without a full understanding of these laws. If you have lost someone in a wrongful death incident, a Greeneville personal injury lawyer can help you file for a claim and seek compensation. With an intimate understand of North Carolina's laws and regulations, the legal team at Burch Law Office has the experience you need for your personal injury case. Contact a Greenville wrongful death attorney at our office today.