- Associated Press - Friday, August 26, 2016

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.

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