METROLINK FIGHTING LAWSUITS LEGAL ACTIONS RESULT FROM '03 BURBANK CRASH.

Byline: Patricia Farrell Aidem Staff Writer

Metrolink, likely to face numerous lawsuits from the worst crash in its 12-year history, has put up a stiff fight against lawsuits brought by 19 injured passengers and the family of a Santa Clarita woman who died after a 2003 wreck in Burbank, according to the plaintiffs' attorney.

The suits claim the train itself wasn't safe and they want compensation from Metrolink, the company that designed the crossing, the city of Burbank and a subsidiary of Universal Studios, which employed the man who drove around the crossing gates before the crash, said Tom Kearney, lead counsel in a series of lawsuits brought by the victims.

``No feelers, no offers, no nothing,'' Kearney said. ``They want immunity.''

At a hearing held in the case Wednesday, just hours after 11 people died in the Metrolink collision in Glendale, the city of Burbank successfully argued for immunity.

Metrolink has filed a similar motion, scheduled to be heard April 6.

Under state law, public agencies are protected from being sued over railroad designs - if they've been approved by the state Public Utilities Commission, an attorney for the plaintiffs said.

A Metrolink spokesman declined to comment on ongoing litigation.

``We've always conducted ourselves in an honorable fashion,'' said Metrolink spokesman Francisco Oaxaca. ``We have a right to defend ourselves in a court of law. It's up to a judge or jury to determine.''

A trial date was set for Nov. 15.

Investigators determined the 2003 crash was entirely the fault of motorist Jacek Wysocki, who drove around a barrier and across the tracks as the train approached.

The 2003 collision killed Wysocki, caused mortal injuries to 76-year-old Grace Kirkness, aboard the train with her granddaughter, and rendered Newhall attorney Jennifer Kilpatrick a paraplegic.

In the days after the Burbank crash, Los Angeles County Supervisor Michael D. Antonovich, on the board of Metrolink, urged approval of money to help the victims. The motion died.

Kilpatrick, who had worked for Kearney's firm, Alvarez and Kearney, said she can no longer practice her profession because of a brain injury that thwarts her competency.

A wife and mother of an adult son and teenage daughter, the Georgetown Law School graduate now depends on workers' compensation, granted because she was working on a case at a table aboard the train as she rode to work. Her lawsuit claims she was pinned by the table, which tore her spine.

``Jennifer was doing well as private attorney, but for the past two years she hasn't been able to work. She's been unable to earn any income,'' Kearney said.

One rail expert said that while it's often difficult to win legal cases against railroads in lawsuits brought by drivers or pedestrians on the tracks during a crash, passengers have more avenues to pursue relief.

Experts also said rail lines like Metrolink have detailed indemnification agreements between the owners, users and operators of lines that outline who is liable.

Attorneys said that, in the event of a liability suit by passengers or relatives of Wednesday's crash, considerable investigation and discovery must precede a complaint.

On Wednesday, Kilpatrick's phone rang at 6:30 a.m. - a friend from Santa Clarita was calling to tell her of the Glendale wreck.

The news brought back painful memories and fears that these latest victims will have no recourse.

``If this were American Airlines running a train, they'd be handing out condolence payments,'' she said. ``Metrolink is hiding behind the fact that they're a public agency.''

Staff writer Lisa Mascaro contributed to this story.

Patricia Farrell Aidem, [phone]

pat.aidem(at)dailynews.com