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More plaintiffs emerge

At least six have file complaints against Metrolink for Sept. collision that killed 25.

January 15, 2009|By Jason Wells and The Leader

GLENDALE — A Glendale Public Works employee was one of several plaintiffs Tuesday who joined in the growing front of legal action against Metrolink for the September commuter train crash in Chatsworth that killed 25 and injured 135 others.

Public Works Administrator Mike Wiederkehr joined at least five other passengers injured in the Sept. 12 crash in filing a complaint in Los Angeles Superior Court on Tuesday against the Southern California Regional Rail Authority, which operates Metrolink, and two subcontractors, seeking punitive damages and compensation for medical expenses.

Roosevelt Middle School counselor Ron Grace was among those killed in the crash, in which Metrolink 111 blew past a red light and collided with a southbound Union Pacific freighter.

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La Crescenta resident Robert Sanchez, the Metrolink train’s engineer, was also killed as were three workers in Burbank: 59-year-old Public Works mechanic Alan Buckley; Walter Fuller, 54, a traffic control manager at Bob Hope Airport; and Dean Brower, 51, an employee at the city’s water reclamation plant.

So far no family members of the local victims have joined in the legal action.

Five more lawsuits in total were filed Tuesday against the beleaguered rail agency.

“We’re not going to leave any stone unturned,” said Brian Panish, an attorney representing 14 victims of the Metrolink crash, including Wiederkehr. “We hope this will send a message.”

Since 2002, 38 passengers and crew members have died in four major Metrolink crashes, contributing to the agency’s dubious distinction of having the worst safety record of all commuter railroads in the U.S.

And those figures don’t include the numerous pedestrians and motorists hit and killed — either by their own designs or by accident — on the agency’s roughly 350 miles of track over the years.

Most recently, a 39-year-old North Hollywood woman was struck and killed by a Metrolink train in Burbank on Jan. 10. Authorities said the incident was likely a suicide.

Metrolink spokesman Francisco Oaxaca said it was the policy of the agency to not comment on pending litigation.

In the complaint filed on behalf of Wiederkehr and his wife against Metrolink and its train-staffing subcontractors, Veolia Transportation and subsidiary Connex Railroad, attorneys sought damages for “great mental, physical and nervous pain and suffering, as well as disfigurement” as a result of the crash.

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