Railroad company failed to send out inspectors following heavy rains, flooding
RAPID CITY, S.D. – A West River jury awarded $1.5 million to a train conductor who was injured after his train was derailed in an accident.
Kenneth Petersen was one of two employees of the Rapid City, Pierre & Eastern Railroad who was hurt when their train derailed on a hill near New Underwood, South Dakota in the early morning hours of Aug. 2, 2019. Petersen and train engineer Michael Hendrickson were traveling eastbound in the lead locomotive after departing from Rapid City after midnight.
A portion of track near New Underwood had washed out following heavy rains and flash flooding. The National Weather Service in Rapid City had issued a flash flood warning for the afternoon and evening in southwestern South Dakota. At 10:41 on the night of Aug. 1, the National Weather Service issued another warning that flash flooding was expected in the area where the derailment occurred.
The railroad also received an email warning from SkyGuard, a service provided by AccuWeather, that flash flooding was occurring in the area.
Typically, “storm patrols” are dispatched following heavy rain events, but Jared Hook, a train inspector for the railroad, testified during the case that he had not been notified to conduct a patrol. Hook lived in Phillip, South Dakota and it had not rained there. New Underwood and Phillip are separated by about 65 miles.
The storm caused a section of track to wash out at the derailment site. Hendrickson and Petersen testified during depositions that they had not seen anything out of the ordinary until immediately before the accident. Hendrickson testified that he was increasing the train’s speed from 25 mph to 28 mph. He glanced at some gauges, and when he looked up, he saw the washout site.
At that point, the train was 200 to 250 yards away from the hazard. Hendrickson pulled the air brake handle and told Petersen to hang on. The locomotive derailed fell on its side and traveled about 300 yards. Petersen was trapped in the locomotive for four hours until rescue crews could free him.
He was taken by ambulance to a hospital where he was treated for cracked ribs and lacerations. Hendrickson had to have surgery on his ankle, which had been pinned between a chair and console.
Both men sued the railroad separately under the Federal Employers’ Liability Act. Hendrickson settled his case earlier this year.
During jury deliberations, the jurors asked for the status of that case in a note to Judge Lawrence Piersol. The judge replied that the status had no bearing on Petersen’s case.
