Metrolink crash could lead to millions - possibly billions
Class Action News
Even as the first claim was made against Metrolink in the aftermath of the Chatsworth train disaster, legal experts are already saying the crash is likely to lead to hundreds of millions, if not billions in civil lawsuits.
Metrolink's position, say experts, is further complicated because the agency admitted that its own engineer error was the likely cause - a stance from which it is now attempting to back away from.
On Monday, the family of a 19-year-old woman who died in Friday's Metrolink crash announced it has filed a claim against the agency, alleging the agency failed to employ available safety mechanisms to protect commuters.
The claim made by relatives of Aida Magdaleno, a student at California State University, Northridge, is a precursor to filing a lawsuit against a public agency.
The agency already faces a potentially costly trial in the civil lawsuit brought by almost 200 plaintiffs in the Jan. 26, 2005 Metrolink derailment in which 11 people died and another 180 were injured.
Although that crash was caused by a mentally deranged man who last month was sentenced to 11 consecutive life sentences for his role, plaintiffs' lawyers are set to argue safety issues, including Metrolink's practice of pushing trains with the engine in the rear as it does on southbound trains from Ventura to Union Station.
That lawsuit is scheduled for trial next June 8.
As a governmental agency, lawyers noted, Metrolink cannot be subjected to punitive damages in any civil action - a situation those lawyers said likely protects it from a bankruptcy situation.
A spokesman for Metrolink said the agency would not be making any comments on potential legal issues.
Attorney Jerome Ringler, who served as lead counsel for victims of a Metrolink train derailment in Placentia in 2002, those in a Burbank derailment in 2003, and in the Glendale derailment in 2005, said the Chatsworth crash could expose further fault with Metrolink.
"I suspect the real reason these tragedies occurred is due to either simple inattentivenesss on the part of the engineers or a failure on the part of the railrood industry to allow these engineers adequate rest between shifts so that these kind of tragedies could be avoided," Ringler said.
"This is a horrible tragedy. They are facing hundreds upon hundreds of millions of dollars of exposure."
The latest Metrolink crash set off a flurry of activity from some law firms for clients among the victims' relatives - some already calling victims' families or showing up at their homes.
Related listings
-
CHATSWORTH METROLINK DISASTER LAWYERS
Class Action News 09/18/2008Arnie Peterson's evening train, the Metrolink 111, banked to the left, toward the coast. The work week, and the metropolis, faded behind him.He and his fellow travelers were a motley crew -- a lawyer with tasseled loafers; a young man with a shaved h...
-
Billions to be shared by Enron shareholders
Class Action News 09/10/2008Enron Corp. shareholders and investors will split about $7 billion from financial institutions accused of participating in the fraud that caused the once-mighty energy company to collapse.The settlement amount was listed at $7.2 billion, a sum that h...
-
IPhone 3G Draws Second Class Action Suit
Class Action News 09/04/2008[##_1L|1085417111.jpg|width="120" height="138" alt=""|_##]The iPhone 3G has spawned legions of ecstatic customers, along with a small but determined band of critics who have sued over the phone's reported shortcomings. Last week, in a San Diego state...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.