Preventability of train conductor’s death no longer part of inquest following 2018 derailment, Manitoba judge rules

An inquest into the death of a train conductor from The Pas, Man. that was scheduled to start last winter is set to proceed this fall but the scope of the proceedings has changed, according to a Sept. 7 ruling by a Manitoba judge.

Kevin Anderson, 38, died of his injuries after he and a co-worker were trapped for several hours following a train derailment in September 2018 near Ponton, Man. His co-worker who also suffered serious injuries survived.

The ruling comes after a change in opinion by Manitoba’s chief medical examiner on the preventability of Anderson’s death after the inquest was called, following an opinion from a colleague on the potential for someone to survive such injuries.

The change in opinion was shared with lawyers involved in the inquest two days prior to it starting in The Pas.

In a written decision released Wednesday, Provincial Court Judge Tim Killeen ruled the issue of whether earlier or different medical treatment at the scene of the derailment would’ve prevented Anderson’s death will no longer be part of the inquest.

“Consideration of the preventability of his death would lead to a protracted, contentious exercise that would not assist the court in any of the required functions,” Killeen wrote in the ruling.

The Hudson Bay Railway train Anderson was in was headed from The Pas to Thompson, Man. on Sept. 15, 2018, travelling through an area that is largely uninhabited when it derailed, the decision notes.

The rail bed under the tracks had been washed out and three locomotives and four rail cars left the tracks, crashing into the opposite bank of the washout.

The force caused the lead locomotive, which Anderson and his co-worker were in, to fold to about a forty-five-degree angle, leaving both men pinned inside and cutting off power to communication equipment inside the train.

A helicopter pilot saw the crash soon after and eventually reached a member of a nearby RCMP detachment for help but officers who were taken to the scene were unable to extract the two men. They reported heavy equipment would be needed and the presence of hazardous goods on the site, which the officers observed contributed to a delay in the response.

The crash happened at 4:40 p.m., but first responders didn’t arrive until just before midnight due in part to transportation problems and confusion over the location of the scene.

Anderson died on site seven hours after the derailment while his co-worker was eventually transported and treated for severe injuries.

The derailment was investigated by the Transportation Safety Board and a report was released.

Following the chief medical examiner’s change in opinion, an expert in severe trauma provided a report which indicated earlier introduction of an intravenous line would not have had an impact as Anderson’s injuries were likely not survivable even with earlier intervention.

Evidence obtained from a different expert in trauma obtained by Anderson’s family did not express an opinion his death could’ve been prevented.

 

“Instead of a contest between two experts, there is close concurrence between them concerning the tragic events and potential recommendations for changes in response,” Killeen ruled.

 

Killeen wrote the inquest is still appropriate and required because the basis for calling it is much broader than whether more timely medical treatment, including the introduction of an intravenous line, would have prevented Anderson’s death.

 

“The delay in arriving at the scene, combined with communication issues will still require evidence to explain what happened as a basis to recommend what should happen in the future,” Killeen wrote. “It is important to determine what can be done to speed the response.”

 

“It is important to understand the problems and potential treatment. Accordingly, we will deal with the issue of how a life might be saved in a similar event in the future. I understand that some suggestions might carry a significant cost, which may make recommendations impractical. Still, policy-makers should know of the options.”

 

Killeen called the change in opinion of the chief medical examiner a material one but he said the reasons and timeliness of it aren’t relevant for his analysis.

The chief medical examiner initially called the inquest to determine the circumstances of Anderson’s death, review the coordination of a multi-agency response to a serious incident in a remote setting, examine policies and protocols used by police, paramedics and other first responders in a potentially dangerous setting and determine what, if anything, can be done to prevent similar deaths from occurring in the future.

The inquest is slated to take place over five weeks, starting Oct. 11 in The Pas.

CTV News Winnipeg has reached out to Anderson’s family and their lawyer for comment.