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CHAMPLIN v. BURLINGTON NORTHERN SANTA FE

United States District Court, N.D. Illinois, Eastern Division
Sep 23, 2002
No. 02 C 1966 (N.D. Ill. Sep. 23, 2002)

Opinion

No. 02 C 1966

September 23, 2002


MEMORANDUM OPINION AND ORDER


An Amtrak train derailed near Nodawey, Iowa, on March 17, 2001, and Stella Riehl, a Colorado resident, was fatally injured. The suit was brought here. Because Illinois has no relationship to the accident three of the four defendants move to transfer the case to Colorado or the Southern District of Iowa. That motion is, for now, denied, but without prejudice to its renewal.

The Northern District of Illinois has precious little to do with this litigation other than that the train originated in Chicago and a National Transportation Safety Board safety engineer, Cyril E. Gura, who is a or the signatory on several reports, lives here. The origin of the trip is, however, undisputed and irrelevant, and Mr. Gura could presumably be called upon to go anywhere. But no other place is self-evident as the most convenient place to try the case. The jury will have to know something about Stella Riehl, as part of plaintiffs' damage case, and that probably requires testimony from a person or persons from Colorado, but plaintiffs are apparently prepared to bring people here for that purpose. The 241 passengers and the crew are from all over, but it is very uncertain that any of them need to testify. Plaintiffs' case does not rest on whether there had been a rough or bumpy ride. The rescue workers would appear to add nothing. It is undisputed that the train derailed and Riehl was killed.

It is apparently undisputed that the train derailed because a replacement rail fractured. Perhaps the testimony of those who installed the rail will be relevant, but that is questionable. Plaintiffs do not appear to claim negligent installation. Rather, they claim that the rail was defective. The pieces of the rail were sent to Washington, D.C. and are now in Kansas.

This case may well end up as a battle of experts opining why the rail fractured. It is too early to tell. Perhaps this district is a convenient place because of its being a transportation hub. Or perhaps our preliminary views are misguided, and a number of witnesses from Iowa will be necessary. Until, however, we have a better understanding of the actual disputes, and with what evidence the parties will seek to resolve those disputes, we cannot say that the case should be transferred.


Summaries of

CHAMPLIN v. BURLINGTON NORTHERN SANTA FE

United States District Court, N.D. Illinois, Eastern Division
Sep 23, 2002
No. 02 C 1966 (N.D. Ill. Sep. 23, 2002)
Case details for

CHAMPLIN v. BURLINGTON NORTHERN SANTA FE

Case Details

Full title:CHRISTINE CHAMPLIN and CHARLIE B. ROMSTAD, as joint personal…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Sep 23, 2002

Citations

No. 02 C 1966 (N.D. Ill. Sep. 23, 2002)