TACOMA, Wash. (AP) – A mistrial has been declared in a lawsuit brought by one of the people injured in a deadly Amtrak derailment in Washington state in 2017.

U.S. District Court Judge Benjamin Settle issued the order Wednesday, saying a doctor testified about an examination of 26-year-old Aaron Harris that was not disclosed to Amtrak before trial. The judge said that was unfair to the company.

Settle said a new trial date should be set for Harris’ claims. Proceedings in Settle’s court continue for two other men who sued Amtrak over the crash.

The train was on its first paid passenger run on a new route from Tacoma to Portland, Oregon, when it plunged onto Interstate 5, killing three people and injuring dozens.

In June, the National Transportation Safety Board has published its final report on the crash, with the agency’s vice chairman blasting what he described as a “Titanic-like complacency” among those charged with ensuring safe train operations.