Haynes v. National Railroad Passenger Corporation d/b/a Amtrak

Haynes v. National Railroad Passenger Corporation d/b/a Amtrak

Challenge to federal preemption defense on behalf of family of a train passenger who developed Deep Vein Thrombosis (DVT) and died while on a train ride from Chicago to Los Angeles.

Opposition to federal preemption defense on behalf of family of a train passenger who developed Deep Vein Thrombosis (DVT) and died while on a train ride from Chicago to Los Angeles.  Plaintiffs allege Amtrak violated its duty of care by failing to warn passengers about the known risk of DVT, and by failing to reconfigure their seating cabins to provide greater leg room and thereby decrease the passenger risk of DVT. Former Goldberg-Saladoff Attorney Richard Frankel authored the preemption portions of the opposition to the motion to dismiss, with assistance from Public Justice’s Leslie Brueckner, and argued the preemption issues before the district court.  Co-counsel are Danielle Casselman and Gary Casselman of Los Angeles.