METROLINK 'SHIELD' DENIED JUDGE RULES PUSH-MODE 'ISSUE THAT HAS TO BE HEARD'.

Byline: Lisa Mascaro Staff Writer

PASADENA - Metrolink lost its bid Wednesday to shield itself from liability for running its trains in the controversial push-mode in a 2003 crash in Burbank that paralyzed one passenger and injured dozens more.

Pasadena Superior Court Judge Coleman A. Swart ruled Metrolink cannot be held liable if it obeyed the federal government's push-mode regulations, but said it was unclear whether the agency was in compliance.

``I think it's an issue that has to be heard,'' Swart said.

Metrolink's practice of operating trains with the locomotive behind and a cab car in the lead has ignited fierce debate in the wake of the Jan. 26 tragic derailment in Glendale, which killed 11 passengers and crew.

Attorney Jerry Ringler, who is representing one of the plaintiffs in the Burbank crash, said it's now up to a jury to decide whether Metrolink acted appropriately. Trial is set for Nov. 15.

``The jury is the conscience of the community,'' he said, ``and the community needs to hear testimony concerning the conduct of Metrolink over the past 10 years, when they decided to run their trains backward and deny direct mandates by the federal government to investigate and analyze the safety risks posed by such operational activities.''

But Metrolink's attorney said the agency plans to present evidence showing it has complied with Emergency Order 20, the regulation governing push-mode operations.

``The outstanding question is, did we comply with Emergency Order 20?'' said attorney Marilyn Bacon. ``We didn't have the opportunity to address compliance in full, which we will do.''

More than 30 passengers and crew members were hurt Jan. 6, 2003, when a motorist drove his truck around the crossing gates and into the path of the southbound Metrolink train.

The motorist was killed in the crash, and an elderly train passenger died days later. The injured included a former Santa Clarita woman who suffered a spinal cord injury that left her paralyzed.

The suits target Metrolink as well as Universal Pictures, which employed the driver of the truck under a subsidiary, Helldorado Productions LLC.

Universal spokeswoman Susan Fleishman said the company will not comment on the litigation.

While Wednesday's decision has no bearing on the Jan. 26 Glendale crash, Ringler said it lays the groundwork for some of the same issues.

In the Glendale crash, a southbound Metrolink train being pushed by a locomotive smashed into an SUV abandoned on the tracks, then careened into a parked work train and collided with a northbound Metrolink train.

The handyman who parked his SUV on the tracks has been charged with murder and faces the death penalty.

Dozens of cases stemming from the Glendale crash, including 12 plaintiffs represented by Ringler, are expected to be heard together in another Los Angeles County court.

Metrolink had sought to limit its liability in the Burbank crash by claiming that its push-mode operation is allowed and governed by the Federal Railroad Administration, pre-empting any state laws.

Swart agreed the federal authority trumps state law, but questioned whether Metrolink has complied with federal regulations governing push-pull operations.

Lisa Mascaro, [phone]

lisa.mascaro(at)dailynews.com

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METROLINK'S PUSH-PULL TRAINS

SOURCE: Metrolink, Daily News research

Gregg Miller/Staff Artist