Claim filed in Metrolink crash

I don't know if this is the first legal claim filed as a result of the Metrolink crash on Friday, but it's the first press release I've received about one. It comes from the law offices of Kiesel Boucher Larson and alleges that Metrolink should have installed positive technology controls to stop trains before crashes occur.

The claim is being filed on behalf of Aida Magdaleno, 19, who was killed in the crash. Claims are usually a precursor to a lawsuit. Here's a story about her from the CSUN Daily Sundial.

The release is after the jump.

--Steve Hymon

Metrolink Safety Challenged!

—Parents of Victim Aida Magdaleno Claim Disaster Could Have Been Avoided;   

                                                            File Claim Against Commuter Rail Authority—

The family of Aida Magdaleno filed a claim today against Metrolink, alleging the agency chose not to use the available rail safety features needed to protect Southern California rail commuters.  “We don’t want her to needless death to have been in vain,” said Juan Magdaleno, brother of the 19-year old college student who was one of 25 persons who perished in the Chatsworth tragedy.

Metrolink must immediately install current positive train controls, which automatically override errors made by human rail employees, such as the engineer who missed a red signal and plowed

The commuter train Aida was riding into an oncoming train last week, according to Paul R. Kiesel, of Kiesel Boucher Larson, the law firm representing Magdaleno’s parents, Juvenal and Leticia Magdaleno of Camarillo.

“California requires rail carriers like Metrolink to use the utmost care and diligence to protect the public,” Kiesel said.  “Metrolink must finally do the responsible thing and install existing positive train controls to help prevent this from ever happening again.”

The Magdaleno family will attend a news conference this afternoon, Monday, September 15, at 3pm at 8648 Wilshire Boulevard, the offices of Kiesel Boucher Larson, LLP. 

WHAT:           PRESS CONFERENCE WITH MAGDALENO FAMILY AND ATTORNEY PAUL KIESEL

WHERE:         8648 Wilshire Boulevard, Law Offices of Kiesel Boucher Larson, LLP

WHEN:           TODAY, SEPTEMBER 15, 3:00 PM

Comments

[J]

I like how so many people are so quick to judge on the family's decision to press charges. If you would have lost family you would have felt the same way. Losing someone isn't easy and especially because it was someone else's resposibility to protect the lives of many people. And honestly, to those saying that the family is ony going to buy another big truck or whatever, do you honestly think their daughter would ride a train?
Think before you say anything, especially about a grieving family. Anyone having anything negative to say must have strong issues since they are Mexican, because I;m sure if they were full blooded American;s you would be agreeing with the family.

So my condolences go out to all the families of the victims in this tragic event. They have a right to press charges if they wish.

[andrew g]

"postive technology control" might have worked to avoid this disaster, but the big issue is that the Metrolink only has one employee "the engineer" in the locomotive. the conductor is somewhere in the back of the train. amtrack is the same way. freight trains always have 2 people in the lead engine. its called checks and balances. if a conductor was on the lead engine, it cuts down the human error factor

just some info........

[Liz in CA]

I am very sorry for the loss of so many people and the devastation of their families.

HOWEVER.

WE DO NOT KNOW THE TRUTH YET!!! We don't know for SURE about the texting, etc. This is ALL SPECULATION and RUMOR so far. Stop believing every little sound bite. Everyone is rushing to a 72-hour Internet judgment. Filing a claim TOO FAST is also bad.

Judgment and restitution will come. But the NTSB NEEDS TIME to sort things out. Sorry all you instant-gratification arm-chair know it alls at your computers, these things can take up to a year to piece together.

[missmagdaleno143]

Ok.. to all who are saying bad things about my family.. should not say a word.. if you were in their shoes you will do the same!!! THEY ARE NOT DOING THIS TO BECOME MILLIONARES.. LIKE MY COUSIN JUAN SAID "WE DO NOT WANT OUR SISTER TO DIE IN VAIN". We lost a family member to this tradegy that could have been prevented.. he had a warning signal, but HE WAS TOO BUSY TEXTING AND NOT PAYING ATTENTION!!! You all are very cruel to be saying mean comments about my family.. they deserve justice!!! So please.. if you have something mean to say.. dont say it at all.. remember we are one of the families that lost a loved one.. and the other 24 victim's families have the right to do the same!!! YOU ARE NO ONE TO JUDGE MY FAMILY!!!

[J in Pasadena]

"Entire family is enjoying California's hospitality by most likely not paying taxes, enjoying free healthcare, and tuition ..." -- Because they have a hispanic surname you divined all this. That is some seriously bad prejudice. Did you read about Manuel Acosta Macias, Jr., an honorably discharged United States Marine, and would you say the same about him? Stuff your bigoted hatred of the dead where the sun doesn't shine.

[Marc]

All the families of the victims are due hefty compensation for the loss. Metrolink needs to pay dearly for this avoidable mistake. In Japan, controls are in place on their popular commuter trains that detect if a driver has fallen asleep or is in some way not paying attention. Metrolink should have something along those lines installed here. My problem is that there are going to be lawyers who will make millions off of this terrible disaster. Somebody needs to step up and stop this. It's not for them - it's for the families.

[Jeremy]

To pablito and concerned citizen,
that is very direspectful this girls uncle is my teacher and talks about how much he hates paying taxes all the time. he isnt an immigrant. But all i noticed today was how sad he looked and how sad we all felt. his family acted right for what happened to Aida R.I.P to all metrolink victims.

[mike m]

bmw,big wheels,cold body,tax payers?if it was your loved one, you probably all would of beaten this poor family to the attorneys office. i hope they get rewarded well and buy things to help overcome this tragedy.one more question,where did your family immigrate from??????

[Joe B.]

Concerned Citizen and the Others,

I don't know about you, but if some conductor was driving a train, text messaging, and missed a red-light, causing the locomotive to push the engine into the front car, I'd probably act in haste or be expedient in finding resolution, regardless of who I am.

Also, Metrolink has refused several times over to ignore the advice of the NTSB and not install postive technology cotnrol in order to avoid accidents like these.

Pablito, put yourself in the families' shoes. You sound like the bggest hater when you reference "Beemer" (just say BMW next time, less characters, less silly sounding) and "fancy pickup with expensive wheels." Maybe that's what you'd do with the money, but you also might vote for Palin, too.

[Concerned Citizen]

The entire family is enjoying California's hospitality by most likely not paying taxes, enjoying free healthcare, and tuition at a state school. Now the family immediately contacts a lawyer to make them more money at other peoples expenses. Hooray, my increased fare will be going to good use along with my tax dollars.

[Pablito]

So who deserves more flak here? The money-hungry lawyer looking to become a millionaire -- or the poor immigrant family looking to become millionaires?

Riiiiiight...it isn't about money at all.

The parties involved should donate to charity all the money they receive in the settlement or award. That's the only fitting way to honor the loss of Aida. Not by buying a bigger Beemer or fancy pickup with expensive wheels.

[Sean P]

Didn't even let the body get cold before they're looking for money. Sick people.