A Cranston man who worked for Amtrak is suing the railroad in federal court after he says a rail car's safety mechanisms failed and sent him plummeting roughly 20 feet to the ground while he was trimming tree branches along the tracks. David Chun sustained a string of serious injuries in the October 2023 fall, including a ruptured bladder, and he claims emergency responders had to travel more than a mile along the tracks just to reach him.
According to WJAR, Chun was using Amtrak-provided safety protocols while working on an elevated platform rail car when the equipment's safety mechanisms gave way. He fell to the ground and was conscious throughout the fall, per the lawsuit. The station reports Chun's injuries included a large hematoma to his left chest wall, a puncture wound to his left buttock caused by a tree branch, and a punctured and ruptured bladder.
Court filings cited by GoLocalProv spell out just how extensive Chun's emergency surgery was: an exploratory laparotomy, small bowel resection, rigid sigmoidoscopy, traumatic hernia repair, cystotomy repair, and placement of two ureteral stents. He was rushed to Rhode Island Hospital, where he underwent multiple operations and spent several weeks before being discharged, per WJAR's reporting. He has since returned to the hospital due to complications from his injuries and continues to receive home care.
Lawsuit Alleges Amtrak Knew About Equipment Defects
The core of Chun's legal claim goes beyond the fall itself. Court documents reviewed by GoLocalProv state that the lawsuit accuses Amtrak of putting the elevated platform rail car into service while aware of inherent safety defects, and of failing to properly address known maintenance issues on the equipment.
Chun also alleges that the emergency response to his fall was significantly delayed, according to the lawsuit, because responders had to travel more than a mile along the tracks before they could reach him. He is seeking damages for lost wages, severe physical pain, disfigurement, and continuous emotional distress, and he has demanded a jury trial. An Amtrak spokesperson told WJAR that the railroad does not comment on pending litigation except through future court filings.
Chun's case is being handled by Providence attorney Daniel Calabro Jr.
The Circumstances of Chun's Fall
The lawsuit seeks to hold Amtrak responsible for Chun's injuries.
Chun fell roughly 20 feet while working on the platform car.
Tree-Trimming Work Along the Tracks
The vegetation work Chun was performing when he fell involved trimming tree branches along the tracks.
In one analysis of 46,765 lower-extremity injuries reported to the Federal Railroad Administration between 2000 and 2021, 46.8% involved slips, falls, or stumbles. Half of the lower-extremity injuries occurred in a range of locations: beside the track, in a rail car, on stairs, alongside on-track equipment, or at a work station, according to Lower Extremity Review. At the same time, Federal Railroad Administration data showed the Class I railroad injury-and-fatality rate fell 46% since 2005 and set an all-time low for the second consecutive year; the industry-wide rate fell 27% since 2005, per the Association of American Railroads.
Hoodline previously reported on a Richmond woman's lawsuit over a train collision that left her needing nursing care.
