PRINTER'S NO. 2263
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
514
Session of
2015
INTRODUCED BY TAYLOR, MILLARD, MURT, HEFFLEY, HELM, W. KELLER,
M. K. KELLER, GIBBONS, SONNEY, DAVIS, V. BROWN, MAHONEY,
THOMAS, YOUNGBLOOD, O'BRIEN, DRISCOLL, D. COSTA, ROZZI,
WATSON, JOZWIAK, VEREB, WHITE AND COHEN, SEPTEMBER 30, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 30, 2015
A RESOLUTION
Urging the Congress of the United States to pass legislation to
increase the current liability limit on damages resulting
from passenger rail accidents.
WHEREAS, On May 12, 2015, at 9:21 p.m. eastern standard time,
northbound Amtrak passenger train No. 188 derailed at MP 81.62
in Philadelphia; and
WHEREAS, The train had seven passenger cars and one
locomotive; and
WHEREAS, The train had just entered the Frankford Junction
curve at a speed of 106 miles per hour where the speed is
restricted to 50 miles per hour; and
WHEREAS, As the train entered the curve, the engineer applied
the emergency brakes; and
WHEREAS, Seconds later, the locomotive and all seven
passenger cars derailed; and
WHEREAS, Of the 250 passengers and 8 Amtrak employees that
were on board, 8 passengers were killed and more than 200 others
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were transported to area hospitals; and
WHEREAS, In the reauthorization of Amtrak in 1997, Congress
capped the liability against the company at $200 million for any
single train accident; and
WHEREAS, The provision, which does not account for inflation,
was aimed at keeping railroad companies in operation when
subject to major lawsuits; and
WHEREAS, In rulings in previous rail accidents, judges have
struggled with how to properly compensate victims because of the
Federal limit on damages; and
WHEREAS, In a 2008 commuter train accident in California that
left 24 people dead and 109 people injured, Judge Peter D.
Lichtman, now retired, said an additional $64 million beyond the
liability cap was needed to properly compensate victims; and
WHEREAS, A provision in a bill to finance the Highway Trust
Fund would raise the cap to $295 million and index it every five
years for inflation; and
WHEREAS, Other legislation, introduced by United States
Senate Commerce Committee ranking member Bill Nelson (D-Fla.),
also aims at helping victims of the deadly Amtrak derailment on
May 12, 2015; and
WHEREAS, The legislation seeks to amend the limitation on
liability for passenger rail accidents by raising the cap on
payments to victims to $500 million; and
WHEREAS, Given the scope of the potential damages in the May
12, 2015, Amtrak derailment, the current liability cap may not
be sufficient to pay medical and other expenses in connection
with the fatal Amtrak derailment; therefore be it
RESOLVED, That the House of Representatives of the
Commonwealth of Pennsylvania urge the Congress of the United
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States to pass legislation to increase the current $200 million
liability limit on damages resulting from passenger rail
accidents; and be it further
RESOLVED, That copies of this resolution be transmitted to
the presiding officers of each house of Congress and to each
member of Congress from Pennsylvania.
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