FARGO, N.D. (AP) — The engineer who was at the helm of a BNSF train that derailed near Casselton in 2013 says his lawsuit against a Pennsylvania steel company should be heard in state court.
Bryan Thompson filed suit in East Central District Court accusing Standard Steel of manufacturing a faulty axle that was found after the accident to be broken. The steel company moved the complaint to federal court.
Thompson's attorneys say federal law does not allow a Federal Employers' Liability Act lawsuit brought in state court to be switched to federal court.
The accident about 30 miles west of Fargo on Dec. 30, 2013, set off a fire that could be seen from nearly 10 miles away. Thompson says he suffers from post-traumatic stress disorder and isn't capable of returning to work.