A federal judge has dismissed a lawsuit filed in December by a former Brightline conductor who said his five years on the job resulted in post-traumatic stress disorder after repeatedly witnessing violent crashes and deaths, though he has a chance to file again.
Darren J. Brown Jr., who worked as a Brightline conductor between 2018 and 2023, in his 50-page complaint against Brightline and Fortress Investment Group LLC demanded a jury trial and $60 million under the Federal Employers’ Liability Act. He is representing himself in the matter.
The complaint details frequent and numerous graphic scenes Brown witnessed immediately after trains he conducted collided with people and cars on the South Florida corridor: “… smoking and sometimes burning car wreckage, twisted metal, and debris fields contaminated with blood and bodily remains from pedestrians and vehicles struck at speeds up to 79 mph.” He is named as the conductor in police and other official reports for at least seven separate deadly crashes in Palm Beach County and Broward County between 2018 and late 2022.
Attorneys for Brightline filed a motion to dismiss in January, arguing, in part, that Brown filed a “shotgun pleading” with “a confusing mix of irrelevant facts and legal theories” and did not distinguish which claims were brought against each defendant.
Magistrate Judge Bruce E. Reinhart in an order Tuesday granting Brightline’s request for dismissal because of the manner in which the complaint filed by Brown was written. Reinhart said in his order, in part, that the complaint did not provide adequate notice to Brightline and Fortress Investment Group because of certain language included in the complaint and because “he provides seemingly immaterial information without context to its relevance.”
The judge’s order said that Brown’s 50-page complaint reached over 200 pages with exhibits attached and referenced “seemingly irrelevant information,” including other lawsuits against Brightline, his resume and a letter of Intent for him to resume employment after the pandemic.
Brightline sued for $60M by ex-conductor diagnosed with PTSD after witnessing 7 deaths
Because Brown is representing himself, pleadings “are held to a less stringent standard” than those drafted by attorneys, the judge’s order said, and pro se plaintiffs must be given another chance to file an amended complaint.
The judge has given Brown until May 7 to file a new, separate motion requesting to file an amended complaint.
Brown told the South Florida Sun Sentinel on Thursday he “100%” will do that.
“It was just a structural problem, but the subject matter was all spot on,” he said.