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Wrongful Death News
2007 accident prompts wrongful death lawsuit (The Enid News & Eagle)A wrongful death lawsuit has been filed against a ranching corporation in the 2007 death of a Hanor Farms worker. According to the suit filed Dec. 23 in Garfield County District Court, Molly B. Neuman is seeking in excess of $10,000 for the estate of Adrian Gonzales.

Parents sue over fatal medical copter crash (The State Journal-Register) CHICAGO — The parents of a toddler killed in an October medical helicopter crash in suburban Chicago filed a wrongful death lawsuit Tuesday, claiming known safety measures could have prevented the girl’s death.

Man claiming wrongful conviction on pathologist's evidence gets chance to appeal (The Canadian Press via Yahoo! Canada News)TORONTO - An Ontario judge has given a man the chance to appeal a conviction in his infant son's death that his lawyers say was the result of evidence from a now disgraced pathologist.

Family Of Man Fatally Shot By Cop File Lawsuit (CBS 2 Los Angeles)Family members of a 22-year-old man fatally shot by a transit officer on New Year's Day have filed a $25 million wrongful death claim against the Bay Area Rapid Transit agency.

$25 million claim filed in fatal BART shooting (The Fresno Bee)Family members of a 22-year-old man fatally shot by a transit officer on New Year's Day have filed a $25 million wrongful death claim against the Bay Area Rapid Transit agency. Read comments

 

Death toll rises to 25 in Los Angeles train wreck

On September 12, 2008 a passenger train collided with a cargo train in Los Angeles, CA. resulting in at least 25 dead and 100 seriously injured. The accident occurred at approximately 4:20 PM in the afternoon as a commuter train operator failed to come to a stop thereby entering an occupied track resulting in a head-on collision with a freight train.  Both trains derailed leaving a pile of wreckage and debris scattered hundreds of feet around the track.

Rescue workers toiled endlessly in an attempt to rescue the train's 220 passengers. As the weekend came to a close 25 were dead including the commuter train's operator and more than 130 of the passengers were injured. The death toll may yet rise as many of the injured passengers are in critical condition.

The alleged cause of the accident was the failure on behalf of the commuter train operator to come to a stop at the red light warning him of an oncoming train. Additionally, it is believed that he may have been text messaging a teenager at the time that he was supposed to be watching the track and its various signals and lights. Investigators have indicated that there are other issues that may have contributed to the accident and an official claim that the operator's error was the primary cause of the accident has not yet been determined.

Among the dead were:

Families of one male victim and one female victim have not been notified and the coroner's office has not released their names.

• Christopher Aiken, 38, of Thousand Oaks

• Dennis Arnold, 75, of Camarillo

• Dean Lafoy Brower, 51, of Ventura

• Alan Lloyd Buckley, 59, of Simi Valley, a mechanic for the city of Burbank

• Yi Chao, 71, of Simi Valley

• Spree Desha, 35, of Simi Valley, Los Angeles Police Department officer

• Walter Arney Fuller, 58, of Simi Valley

• Ronald Grace, 55, of Simi Valley

• Michael Hammersly, 45, of Simi Valley

• Jacob Hefter, 18, of Palmdale, a student at California State University, Long Beach

• Kari Hsieh, no age given

• Ernest Stephen Kish II, 47, of Thousand Oaks

• Gregory Lintner, 48, of Simi Valley

• Paul Long, 54, of Moorpark, a teacher

• Manuel Macias, 31, of Santa Paula, a yoga instructor

• Aida Magdaleno, 19, of Camarillo

• Charles Peck, 58, of Salt Lake City

• Howard Barry Pompel, 69, of Moorpark

• Donna Remata, 49, of Simi Valley, a Metropolitan Transit Authority

• Doyle Jay Souser, 56, of Camarillo, general manager at a construction materials company

• Roger Spacey, 60, of Simi Valley

• Maria Elena Villalobos, 18, of Moorpark, a student at the Fashion Institute of Design & Merchandising

• Atul Vyas, 20, of Simi Valley, a student at Claremont McKenna College

 

A note from Texas Wrongful Death Attorney E. Michael Grossman:

It is sobering to think that such a tragic accident can occur, allegedly,
from such a simple human error. In the thousands of cases my firm has handled there is generally a familiar element of human error that plays into most accidents and usually it manifests itself in the form of complacency. Human beings are easily bored and once something becomes routine it is quite easy to not focus on the task at hand particularly in regard to safety regulations. I feel that is a fair statement to be made, and regardless of how accurate it may be it most definitely does not function as an excuse. When so many people entrust their safety to you and your skills you have an obligation to ensure that complacency is not something that you are easily swayed by.

Furthermore, in any scenario where such a seemingly simple and effortless example of human error can cause such a catastrophic accident, further failsafe measures should be taken to reduce the likelihood of such occurrences. The operator of this train and the company that employs that operator failed to provide a reasonable measure of safety which has resulted in many lives being permanently altered.



 

 

 

Posted by: Railroad accident attorney E. Michael Grossman | Posted on: 9/15/2008 | Comments (0)

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