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WTOP's Adam Tuss reports today that two more lawsuits have been filed in the last week against both WMATA and deceased Metro operator Jeanice McMillan in the wake of the Red Line crash. Attorney Michael Wilson is handling cases for Jason Zimmerman of Silver Spring and David Holland of Burtonsville, both of whom are claiming "mental anguish," as well as injuries to their necks and backs. Zimmerman is seeking $400,000 in damages, Holland $500,000. We're sure that this won't be the end of legal troubles for WMATA (or Ms. McMillan's estate) -- a mere two weeks after the accident, the number of civil filings currently numbers four, including two filed in short order after the deadly crash. Tuss also notes that Metro fully expected the suits, and that the transit agency's "liability reserve" will be able to cover any damages awarded as a result.
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For Overheard:
"Why you always trying to pimp me, son?"
-Said to a seven year old at the 14th St.
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I think going after the operator's estate will be fruitless in that evidence showed she used the emergency brake.
Some people would sue a squirrel if it was seen on the tracks.
Nuts.
You're cute.
So, are you guys going to get it on already or what? I feel cheap and used being a part of your foreplay to the menage-a-trois that youwill be having with that not so skanky lady with booty panties.
Further off tangent, I'm a recently laid off video camera operator. Does anyone know of any work to be had?
We are having an on-line affair. Cheaper than plane tickets to Argentina, and Liz gets to keep her virginity.
I regret that I have but one virginity to lose for my country.
It' ain't evidence until its introduced in court. I agree that it's like blood from a stone, but gotta cover all of your bases.
The mental anguish defense? Really? This can open the "liability reserve" chest much wider than WMATA can afford. Usually this defense is reserved in cases where the defendant's motives were deliberate. But this and any other suit relies heavily on the fact that WMATA was negligent in not switching that circuit with one that worked 110% of the time instead of just 95% or whatever it was. I wonder if these guys actually sustained physical injury, or just figured this was the strongest case they could bring.
But, yea this could really snowball. You know the case about the bride-to-be suing the bridal shop for not having her gown in time? It doesn't even equate to the sort of mental anguish the surviving victims endured, but she still brought suit anyway. I think she was related to Roy Pearson, Jr.
Since WMATA was at fault in the crash, I see no problem in suing them (assuming that the claimant has actual injuries).
Suing the train operator is pretty low, since it it pretty clear that equipment malfunction and/or negligent maintenance were to blame for the crash.
As someone who rides the Red Line regularly I must say I'm not surprised that there was a crash. Metro does not get the funding it needs to keep the system running, let alone improving the infrastructure to accommodate heavy rider traffic.
From what I understand of law, it's pretty typical for lawyers to sue all the way along the chain. I know there's some rationale for it, but I don't remember what it is. But they should also perhaps be suing Alstom for signaling, the train manufacturer, and so on. That is if their lawyers were smart.
I'm getting mental anguish over the people suing Metro.
Metro: Deep Pockets for Law Suits / Nothing for Maintenance ®
That woman in the American Apparel banner ad is giving me mental anguish...IN MY PANTS.
I agree.
Too bad she isn't wearing any.
Doesn't she care that DC doesn't have voting rights?
Right, this will most definitely solve the funding problems Metro has.
They're suing a dead woman? That's just cold. Though interesting that, at least based on the WTOP report, the lawsuits have nothing to do with the potential failure of the signaling equipment. Rather they say McMillan failed to do her job (look out for trains ahead, maintain an appropriate speed and failed to activate the emergency break -- although didn't NTSB said she did?) and they say Metro was negligent in putting her in that position because she was considered a rookie.
I'm no expert, but that seems like a much tougher lawsuit to win. But I'm guessing the lawyers will quickly file amended cases once the NTSB makes its findings official.
I think in cases like this, lawyers hit multiple targets because it makes it more likely money is recovered. Or something like that.
What kind of douche sues the lady who tried to stop the accident in the first place?
Problem One: Series-1000 trains are shown to be unsafe in a crash.
Problem Two: Metro funding may not allow removal of Series-1000 trains.
Problem Three: A Series-1000 train caused injuries during a Red Line crash.
Problem Three: Lawyers are suing Metro because of injuries associated with Metro Series-1000 trains and Red Line crash.
Solution: Duct-Tape lawyers to the front and back of Series-1000 trains to absorb impacts in crashes.
what can't duct tape solve? (well....recessions.... or can it?)
what can't duct tape solve? (well....recessions.... or can it?)
If these people really cared about making sure the signals on Metro tracks work and generally keeping the system in good repair, they wouldn't drain Metro of a potential $900,000 that could go towards maintenance. But instead personal claims of "mental anguish" trump any sense of contributing towards something that would benefit everrbody.
But of course, that's not how the world works, and I'm preaching to the choir here.
Yes, the mental anguish claim usually screams "quick buck."
Jason Zimmerman of Silver Spring is an artist... an artist that DCist actually pimped once: http://dcist.com/2006/03/arts_agenda_the.php
I seriously hope I get called as a juror for one of these cases. Jury nullification: 50% of the time it works every time.
i can't imagine that anyone with a bit on sanity and compassion would hear their lawyer saw "we're going after the dead driver that did her job" and not say "that doesn't sound right..."
any suit against the driver is pathetic and unconscionable. she did look out for trains (evidenced by enacting the emergency brake), she could not maintain appropriate speed because trains were running off the computer system (right?), and rookie or not, metro placed her there most assuredly after she displayed the competence to do her job well. drop that suit and refocus your efforts on Metro.
while i hate hearing about these kinds of lawsuits (i tried to sue a squirrel that stole a potato chip from my lunch one time... unsuccessful. i kid.) (further: everything in lfe carries risk, even sitting on your ass in your own living room... are you going to sue the weather channel when you get struck by lgihtning because they didn't predict it in time for you to go hide in your metal cage thing whatever they're called), i understand that yes there are people to blame in this instance.
while we're at it, why not go after the VA, MD, and DC governments for being one of the only region's in the world that is served by a mass transit system without having to pay into a garunteed annual fund (rather, the local governments pay for metro's services is determined annually and can fluctuate by MILLIONS, handcuffing metro from year to year).
actually, screw going after the local and state governments... let's sue the people in the region for taking metro for granted and assuming that there's really no magic to keeping the third largest by volume mass transit system in the country going in tip-top, 3 day old shape. i hereby suggest that zimmerman and burton sue themselves for being raging lunatics represented by a hack. (ps. http://michaelwilsonlaw.com)
ok, im sorry, im done.