Families of 2 Chester kids killed by Amtrak train sue over gap in fence

Federal lawsuit filed against Amtrak in relation to deaths of 2 children struck, killed by train

CHESTER, Pa. (CBS) -- A federal lawsuit has been filed against Amtrak in relation to the deaths of two children who were struck and killed by one of the company's trains in Chester in April.

The mothers of the children spoke publicly Wednesday, saying they want to ensure this does not happen to another family.

Attorneys for the families of 12-year-old Ah'Yir Womack and 9-year-old Jahaad Atkinson said they believe the children gained access to the tracks through a hole in the fencing near the tracks.  

"It's hard when you get to wake up every day and you see your other children, and you don't get to see one of your kids. You get to see all your other children grow up, live," Wydeia Kimble, Womack's mother, said.

"I didn't think that ever in a million years ever, to ever have gotten that phone call," Atkinson's mother Siani Gordon said.

An attorney for the mothers said it was Amtrak's responsibility to maintain the fencing.

Emeka Igwe, the attorney who signed the lawsuit, said the gap in the fence was there for years and was used as a shortcut to get to a playground. Amtrak has since fixed the fence, he said.

Amtrak said it cannot comment on pending litigation.

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