JUDGE REFUSES TO THROW OUT METROLINK CRASH VICTIMS' SUIT.Byline: RACHEL URANGA Staff Writer The families of 11 commuters killed in the 2005 Metrolink train crash -- and more than 100 other people who were injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. -- can move forward with their lawsuit against Metrolink and the MTA (1) (Message Transfer Agent or Mail Transfer Agent) The store and forward part of a messaging system. See messaging system. (2) See M Technology Association. 1. (messaging) MTA - Message Transfer Agent. , a Superior Court judge ruled on Thursday. In a suit filed in January, the victims and family members claimed Metrolink and the Metropolitan Transportation Authority, which owns the right-of-way, was negligent for operating a ``push-pull'' system. Under a push-pull system, the locomotive pushes lighter cars ahead of it traveling to one destination and then pulls them on its return. Critics say when the train is pushing, passengers in the front cars are endangered because they are not protected by the massive engine during collisions. Superior Court Judge Emilie Elias rejected Metrolink's request to throw the case out. The agency had argued that the Federal Railroad Administration The Federal Railroad Administration (FRA) was created in 1966 as a division of the U.S. Department of Transportation to promote rail transportation and safety. The FRA is one of 10 agencies within the Department of Transportation concerned with intermodal transportation. oversees rail operations and since the push-pull system was authorized by the administration, Metrolink was in compliance with federal law and could not be sued. The victims' attorneys call it a partial victory. ``The MTA and Metrolink cannot derail de·rail intr. & tr.v. de·railed, de·rail·ing, de·rails 1. To run or cause to run off the rails. 2. these cases by hiding behind federal law,'' said Clark Aristei, an attorney representing more than a dozen victims. The push-pull system came under increased scrutiny after the disastrous train crash Jan. 27, 2005. A train in the push mode plowed into a sport utility vehicle parked on the tracks by a suicidal man. The train then slammed into an oncoming on·com·ing adj. Coming nearer; approaching: an oncoming storm. n. An approach; an advance. train and a parked train. It was the worst accident in Metrolink's history. But a federal study shortly after the crash found there is no greater risk of derailment derailment /de·rail·ment/ (de-ral´ment) disordered thought or speech characteristic of schizophrenia and marked by constant jumping from one topic to another before the first is fully realized. in push mode than when cars are pulled by a locomotive. ``We stand behind our system of operation, and we believe in it,'' said Denise Tyrell, a spokeswoman for Metrolink. Tyrell would not comment further on the judge's ruling until the board could review it. MTA officials declined to comment on pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . rachel.uranga(at)dailynews.com (818) 713-3741 |
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