In the wake of the September, 2008 Metrolink Crash in Chatsworth, California, where 20 people died and over 100 were injured, lawsuits continue to be filed. Defendants include the Southern California Regional Rail Authority, which operates Metrolink, its parent company, and two subcontractors, Veolia Transportation and its subsidiary Connex Railroad. Five plaintiffs filed lawsuits on January 13 in Los Angeles Superior Court, and other cases have been filed in the months following the accident.
A surprising revelation revealed in the complaints from this new wave of lawsuits is that Connex Railroad, the company under contract to provide the Metrolink engineers, may have known about the engineer Robert Sanchez’s propensity to use his cell phone and send text messages while driving. Allegedly, one of the engineer’s coworkers told his supervisors that he had seen Sanchez sending text messages multiple times – including an incident weeks before the accident, and another complaint just hours before the tragic accident. Other reports suggest that Sanchez may have been caught with a cell phone that was turned on in his bag during a field test. It is against company policy for train engineers to have their phones turned on while operating the trains.
These allegations are significant, because if it can be proved that the company knew about Sanchez’s previous text messaging activity, Connex Railroad and its parent company Veolia Transportation might be liable for negligent entrustment, as well as standard vicarious liability for Sanchez’s negligence.
Metrolink Case May Test Federal Train Crash Damages Cap
Currently, Federal law imposes a $200 million overall cap on damages that can be awarded from a single train accident. Because of the extent of the damage in this crash and the fact that the crash appears to have been caused solely by a negligent act, it is possible that the lawsuits that arise from this accident will push the boundaries of this limit. This means that the results of these Metrolink lawsuits could challenge the Constitutionality of limiting overall damages and it could change the way train accident litigation proceeds.
Thank you for reading my blog; I hope you found this information helpful. If you have a question or comment, please feel free to post it here, but remember that your response will not be confidential. If you or a loved one has been involved in a train accident, consult an experienced personal injury attorney. Contact me for immediate help and assistance.
Monday, March 9, 2009
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