Post by vnc on Jun 6, 2008 16:49:37 GMT -8
From Metrolink's Metrolink News
06/03/2008
Today the State appellate Court decided in Metrolink's favor on a question to Metrolink and Commuter Railroads across the Country that rely on "push/pull'' mode of operations to provide rail transportation to millions of passengers daily. The State's appellate court unanimoulsy granted Metrolink's request for relieg from a trial court's push-pull ruliing in the Glendale Derailment case litigation. Metrolink argued that the Federal Railroad Safety Act and the Federal Railroad Administration regulations preculed the plaintiffs' from claiming that Metrolink negligently caused thier damages by operating in a push/pull mode. Today, the State's appellate court ruled in Metrolink's favor. The appellate decision relies upon controlling federal preemption law and recognizes the significance of the FRA regulations which address the relevant safety aspects of push/pull operations.
Metrolink received strong industry support with six transit organizations filing Friends of the Court briefs. Supporting Metrolink's position were APTA (American Passenger Transportation Association), Amtrak, Caltrans, Caltrain (San Francisco Bay Area), ACE (Altamont Commuter Express-Stockton/San Jose), and NCTD (North County Transit District - San Diego).
This appellate decision, which will become final at a later date, does not end the litigation at the civil trial level because the plaintiffs have asserted some theories of negligence against Metrolink which were not before the state court of appeal.
Background
on January 26, 2005, Juan Manuel Alvarez parked his Jeep Cherokee on a portion of Metrolink track 125 feet from the Chevy Chase crossing in Glendale. He doused the car with two gallons of gasoline and then walked to the edge of the right of way to watch the ensuing collision. A southbound Metrolink train struck the car and as a result left the main line and traveled down a side track. The Metrolink train struck a stationary locomotive in a siding causing the train consist to jackknife and rake another Metrolink train traveling northbound on a second track. Eleven people were killed and 180 were injured.
The driver of the Jeep Cherokee is currently on trial for the murder of 10 Metrolink passengers and one Metrolink crewmember.
www.metrolinktrains.com/news/?id=2701
06/03/2008
Today the State appellate Court decided in Metrolink's favor on a question to Metrolink and Commuter Railroads across the Country that rely on "push/pull'' mode of operations to provide rail transportation to millions of passengers daily. The State's appellate court unanimoulsy granted Metrolink's request for relieg from a trial court's push-pull ruliing in the Glendale Derailment case litigation. Metrolink argued that the Federal Railroad Safety Act and the Federal Railroad Administration regulations preculed the plaintiffs' from claiming that Metrolink negligently caused thier damages by operating in a push/pull mode. Today, the State's appellate court ruled in Metrolink's favor. The appellate decision relies upon controlling federal preemption law and recognizes the significance of the FRA regulations which address the relevant safety aspects of push/pull operations.
Metrolink received strong industry support with six transit organizations filing Friends of the Court briefs. Supporting Metrolink's position were APTA (American Passenger Transportation Association), Amtrak, Caltrans, Caltrain (San Francisco Bay Area), ACE (Altamont Commuter Express-Stockton/San Jose), and NCTD (North County Transit District - San Diego).
This appellate decision, which will become final at a later date, does not end the litigation at the civil trial level because the plaintiffs have asserted some theories of negligence against Metrolink which were not before the state court of appeal.
Background
on January 26, 2005, Juan Manuel Alvarez parked his Jeep Cherokee on a portion of Metrolink track 125 feet from the Chevy Chase crossing in Glendale. He doused the car with two gallons of gasoline and then walked to the edge of the right of way to watch the ensuing collision. A southbound Metrolink train struck the car and as a result left the main line and traveled down a side track. The Metrolink train struck a stationary locomotive in a siding causing the train consist to jackknife and rake another Metrolink train traveling northbound on a second track. Eleven people were killed and 180 were injured.
The driver of the Jeep Cherokee is currently on trial for the murder of 10 Metrolink passengers and one Metrolink crewmember.
www.metrolinktrains.com/news/?id=2701