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Metrolink hit as 12 file claim against company

June 29, 2005

Robert Chacon

Victims and family members of those killed in the January Metrolink

derailment filed a claim against the transportation agency Monday,

saying it has not done enough since the accident to change how its

trains are driven or to ensure the safety of passengers.

The claim filed at Metrolink offices is the precursor to a

lawsuit, said attorney J. Clark Aristei, who is representing a group

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of 12 victims.

The claim is asking for an unspecified amount of monetary damages.

One of the claimants is the family of Scott McKeown, a former

Glendale City employee who was killed on his way to his job with the

city of Pasadena.

Metrolink has had numerous complaints and lawsuits filed against

it since the Jan. 26 crash that killed 11 people and injured more

than 200.

The crash occurred after Juan Manuel Alvarez, 25, allegedly parked

his Jeep Cherokee on the tracks in an apparent suicide attempt, then

abandoned his vehicle before the train hit.

"What is unique about this claim is that the promises Metrolink

has made and the pledges they have made to the public have been

ignored," Aristei said. "As a government entity, they let us down."

The train that hit Alvarez's vehicle was being pushed from behind.

After the accident Metrolink was criticized for using this method of

pushing trains one direction and pulling them the other.

"Had Metrolink had a locomotive in front, this would not have

happened," Aristei said. "Instead of changing things, they are

defending the same old ways."

Metrolink has taken several steps to ensure the safety of

passengers, spokeswoman Denise Tyrell said.

When the train is in push mode, the forward section of the front

car, which includes 16 seats, is now closed, she said.

The agency has also been investigating the possibility of

implementing more effective methods to restrict vehicle access to

train tracks.

"To say we have done nothing is false," Tyrell said. "We are

looking into everything, we have a lot of concerns and we will do

everything we can to ensure the safety of our passengers.

"We believe there are better ways to go than eliminating the push

system. We think the problem of individual vehicles getting in the

right of way is a very serious and deadly problem regardless of

whether its push or pull."

Pushing trains from behind eliminates the need to turn trains

around and saves time on commutes, she added.

The families and victims of the crash had Aristei file the claim

because "they do not want any family to go through this again," he

said.

About 40% of Metrolink staff members ride the trains, Tyrell said.

"We are not at all being casual about the safety of our

passengers," she said.

QUESTION

Do you think Metrolink trains are safe? E-mail your responses to

burbankleader @latimes.com; mail them to the Burbank Leader, 111 W.

Wilson Ave., Glendale, CA 91203. Please spell your name and include

your address and phone number for verification purposes only.

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