(The Associated Press circulated the following article on September 22.)
LOS ANGELES — Metrolink lost a bid on Thursday to have thrown out dozens of lawsuits filed over a 2005 commuter train derailment that killed 11 people and injured about 200 others.
Superior Court Judge Emily Elias said the consolidated claims involving negligence and dangerous condition of property could go forward against the commuter rail system, but dismissed an argument claiming Metrolink violated a pledge on its Web site to “provide superior service” and “safe train passage.”
The lawsuits were filed on behalf of 113 victims of the Jan. 26, 2005 crash. The lawsuits claim the commuter rail agency was negligent for using the push-pull configuration, where cab cars are sometimes pushed by a rear engine. Plaintiffs’ attorneys have called the practice dangerous.
Metrolink officials have maintained that statistics show that push-pull configured trains derail no more than trains in a pull configuration.
“We’re a little disappointed, but the case lives,” said J. Clark Aristei, who represents 15 of the plaintiffs and serves as the liaison between the many plaintiffs’ lawyers.
Lawyers for Metrolink had asked Elias to throw out the entire lawsuit, saying that federal regulations pre-empt any claims made at the state level.
Denise Tyrrell, a spokeswoman for Metrolink, said the company wouldn’t comment until its board of directors was briefed on the decision Friday.
Prosecutors said the derailment, the worst Metrolink wreck since 1999, was caused by Juan Manuel Alvarez, 27, who parked his Jeep Cherokee on the railroad tracks and then abandoned it. The train crashed into the Jeep, derailed and then was struck by another train.
Alvarez has pleaded not guilty to arson and murder charges and was awaiting trial.