FIRST CLAIM FILED IN FATAL TRAIN CRASH DEPUTY'S WIDOW, FAMILY MAKE COMPLAINT AGAINST METROLINK.

Byline: Lisa Mascaro Staff Writer

The widow and children of a Los Angeles sheriff's deputy on Monday filed a claim against Metrolink in the Jan. 26 train crash - the first in what is expected to be scores of complaints stemming from the disaster that killed 11 and injured 180.

Deputy James Tutino's family claims Metrolink was negligent in its management and operation of the commuter line, particularly its practice of pushing the train from behind with a locomotive.

The claim does not specify damages and is a required first step before a lawsuit can be filed.

``Unquestionably it's the first of many,'' said Loyola Law School professor Laurie Levenson. ``Somebody has to take the lead.''

Tutino, a Simi Valley dad, volunteer high school football coach and veteran of the Sheriff's Department, was among those killed when his southbound train hit a sport utility vehicle on the tracks, then struck a work train and a passing northbound Metrolink train in Glendale.

A suicidal 25-year-old man, who parked his Jeep Grand Cherokee on the tracks but fled before the train hit, has been arrested on suspicion of murder. After witnessing the crash, Juan Manuel Alvarez then tried to slit his wrists. He is expected to be arraigned today.

The lawyer for Tutino's family claims Metrolink was negligent in its management and operation of the system, notably for running trains in the controversial push practice.

``We think there's been a sufficient body of evidence that has developed over a reasonably long period of time that pulling these trains are far safer than pushing,'' said the family's attorney Jerome L. Ringler.

``Why would you not utilize the safest means of moving passengers?'' he said. ``The question is, How little do you have to do? We think they've done too little.''

The claim, on behalf of Rita Kay Tutino, Colby Judd and Tara Judd, also said Metrolink used trains not ``properly equipped with safety devices,'' and the southbound train was operated at too high a speed for the area.

A Metrolink spokeswoman had not yet seen the claim, but said the agency's practice of pushing the trains from behind conforms with federal standards.

``These standards are set by the Federal Railroad Administration and it is a national standard and we're obliged to follow the national standard,'' said Metrolink's Denise Tyrrell.

``We believe these cars are safe under normal circumstances. What happened on the morning of the derailment was not normal circumstances.''

Metrolink has said that because the SUV got lodged on the track, away from the grade crossing at Chevy Chase Drive, it likely got stuck beneath the train rather than being pushed off the tracks.

``Had he been at the crossing - at a normal crossing where cars cross all the time - we would have pushed him out of the way,'' Tyrrell said. ``The sad reality is that cab cars hit passenger cars with some regularity. It is not unusual that that would derail a train.''

Days after the crash, Metrolink filed suit against Alvarez, claiming damage from the crash, a standard practice, Tyrrell said. Its losses are $25 million so far, she said.

The agency's insurance includes a $4 million deductible, for which it has $3 million in reserves set aside.

Also on Monday, Metrolink said one passenger remained hospitalized from the crash.

Metrolink also said it now has fully replaced temporary rails that had required trains to run at lower speeds through the area of the crash.

Lisa Mascaro, [phone]

lisa.mascaro(at)dailynews.com