Families of Chester kids killed by Amtrak train allege negligence by the company in a new lawsuit

The families of two Chester children who were struck and killed by an Amtrak train in April have filed a lawsuit in federal court against the transit company, asserting that its negligence in maintaining a fence around its tracks led to the boys’ deaths.

Siana Gordan, mother of Jahaad Atkinson, 9, and Wydeia Kimble, mother of Ah’Yir Womack, 12, are seeking $20 million in damages against the National Railroad Passenger Corp., the entity that operates Amtrak.

Jahaad and Ah’Yir were among six children who walked onto the tracks near Engle Street in Chester’s West End on April 29, taking a shortcut to a playground nearby at Memorial Park, according to the suit.

The group entered the tracks through a “gaping hole” in the fence surrounding it, one that Emeka Igwe, the lawyer representing the families, said had been there for years, long enough that using the tracks as a shortcut had become a “common practice” for adults and children alike.

» READ MORE: The children killed by an Amtrak train on Saturday were Chester residents, ages 9 and 12

“That fence was in deplorable condition,” Igwe said Thursday. “This is the reality that Amtrak has in inner-city neighborhoods. They have no duty to enact fences, but if they do, they have a responsibility to maintain them.”

Igwe said the case is not a simple incident of trespassing, as Amtrak initially contended, but rather a tragedy that could have been prevented if the company had maintained its property.

“On behalf of the families, we want to hold [Amtrak] accountable, to make sure this tragedy doesn’t happen to another family, in Chester or, frankly, anywhere in the entire nation,” he said.

Representatives of Amtrak did not immediately respond to a request for comment Thursday.

The two boys were the only ones in the group who were struck by the train, which was heading to Washington from New York, according to Chester police. They were pronounced dead at the scene.

Igwe said the impact of their deathson their families and community has been “absolutely, completely devastating.”

“Both boys were bright, fun-loving, energetic children who lit up any room they went into,” he said.

In Ah’Yir’s obituary, his family described him as an avid fisherman, camper and rock climber who loved the outdoors. Jahaad was “a true momma’s boy,” who enjoyed playing football and had a contagious smile, his family wrote in his obituary.