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Families of 2 boys fatally struck by train in Chester file lawsuit against Amtrak
Jahaad Atkinson, 9, and Ah'yir Womack, 12, were by a D.C. bound Amrack train struck while walking on the tracks near in Chester last April. The pair were described by their families as best friends.
CHESTER, Pa. - The families of two young boys struck and killed by an Amtrak train are now suing the transportation giant, claiming they failed to maintain a fence that allowed the boys to access the tracks.
Jahaad Atkinson, 9, and Ah'yir Womack, 12, were by a D.C. bound Amtrak train struck while walking on the tracks near in Chester last April. The pair were described by their families as best friends.
Nearly four months after the deadly collision, the families are jointly suing Amtrak claiming the boys gained access to the tracks through a large whole in a perimeter fence.
Attorney Emeka Igwe said that although Amtrak is not required to have a fence in that area, it's the company's duty to maintain a fence if one is erected.
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"The purpose of this lawsuit is to say that Amtrak, as a federally chartered corporation, has a responsibility to ensure community safety, especially when it comes to children," Igwe said.
FOX 29 spoke to neighbors on the day of the deadly crash who recalled telling the boys to get off the tracks minutes before they were killed.
"This has been very hard for me, it's been very hard for my children as well, they miss their brother so much, they talk about him every single day," Wydeia Kimble said.
During a Wednesday afternoon press conference, Igwe claims that children in the neighborhood have been using the hole in the fence as a shortcut to access the park "for years."
Jahaad Atkinson, 9, and Ah'yir Womack, 12, were by a D.C. bound Amtrak train struck while walking on the tracks near in Chester last April. The pair were described by their families as best friends.
"For years, kids have been using the opening in the fence to access this park and other nearby playgrounds," Igwe said.
The lawsuit also states that Amtrak is in possession of video that allegedly captured the children being struck by the train. When reached for comment, Amtrak declined pending further litigation.
Igwe claims another lawsuit against Amtrak for a similar situation in Philadelphia is in the works. He also called on the National Transportation Safety Board to launch an investigation.
"It is very hard and I pray that no one else has to go through this, I pray another family doesn't have to suffer, and I pray that everyone that's involved is held accountable," Kimble said.
The hole in the fence where a still-standing memorial to the boys now sits has been repaired.