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With Dozens of Crash-Related Lawsuits Pending, Metro-North Seeks Settlements

Train crash images are fresh in everyone's mind from the recent Amtrak tragedy in Philadelphia. But Connecticut has its own recent history with rail disasters, and the state, on May 17, just marked the two-year anniversary of the Metro-North crash and derailment that left more than 70 passengers and crew injured.

That date also marked the deadline for lawyers to file claims against the railroad company. Several dozen lawsuits have been filed in state and federal court, both in Connecticut and New York. Some were filed in the accident's aftermath in 2013; numerous others were filed in the days leading up to the deadline earlier this month.

According to plaintiffs lawyers involved in the litigation, the injuries in some cases are as small as cuts, bruises and respiratory issues from inhaling the dust kicked up by the derailment. In other cases, there are more serious injuries, such as permanent brain and spinal damage and resulting emotional distress, post-traumatic stress disorder and strong reluctance to travel on these trains ever again.

Joel Faxon, of the Faxon Law Group in New Haven, filed one of the first lawsuits on behalf of Elizabeth Sorensen of Mystic. Sorensen suffered several broken bones, including in her legs, arms and pelvis, and has needed several surgeries. She also sustained a brain injury. Faxon said last week that about three dozen or so cases have been consolidated with his in U.S. District Court in Connecticut before Judge Janet Bond Arterton in New Haven.

"There was a gap in the track itself. There were portions of the track where there should've been rails and there were none," explained Faxon. "You can't operate a train without a track. That's obviously why the train derailed."

Federal reports came to the same conclusion. For that reason, Faxon said, Metro-North has told plaintiffs lawyers that it wants to settle the cases. The Connecticut cases are being defended by lawyers from Ryan Ryan Deluca in Stamford, including Charles "Chuck" Deluca, Beck Fineman and Robert Hickey. Hickey confirmed that his firm was defending the state and federal Connecticut cases. He declined to comment on the litigation, per his client's request.

"Ultimately, Metro-North accepts responsibility and admits it was negligent and careless in the way the tracks were maintained," said Faxon. "In light of that, they have come forward to say, 'Look, we want to resolve all the cases.'"

Faxon said the plaintiffs' lawyers have been working with U.S. Magistrate Judge William Garfinkel as a mediator. Faxon said he has about six other cases besides Sorensen's still pending, while a few have already settled for undisclosed amounts. He said the cases involving less significant injuries have been the ones getting settled. "A number of cases have not settled because the injuries or permanency of the injuries have not been ascertained yet," said Faxon.

Faxon is hopeful that there are not any trials stemming from the litigation. If there are, he predicted, it won't be a dispute over liability, but more of a hearing on damages because the two sides can't agree on a dollar figure.

"There's been several catastrophes recently involving train companies and railroads that have resulted in deaths, paralysis and any number of horrific injuries that could have been avoided if they handled themselves properly," said Faxon. "The concept of a trial is not something Metro-North would be interested in getting too far into at this point. The popular opinion is that they're not doing their job."

While many of the complaints filed against Metro-North stemming from the 2013 derailment do not disclose specifically how much money the plaintiff is seeking, Sonia Ochoa-Garcia, who filed her claim in April, has asked for $10 million. Ochoa-Garcia claims she suffered significant neck and back injuries as well as emotional distress, including a fear of riding the train.

The various claims against Metro-North include breach of duty, recklessness, negligent infliction of emotional distress and negligence. Some also include claims for violations of Connecticut's Unfair Trade Practices Act and loss of consortium. The accident occurred when an eastbound train derailed during the afternoon rush hour in Bridgeport and was struck about 20 seconds later by a westbound train. Seventy-three passengers, two engineers and a conductor were taken to the hospital for injuries. One passenger was critically injured.

The accident caused $18 million worth of damage and train service in the area was disrupted for days for roughly 30,000 commuters.

Among those injured, and filing suit in state and federal court, was Barbara Bolden, who lived in Hamden and took the train every day to go to work in Weston.

"She was on her way home from work and fell asleep after a long day," said Bolden's lawyer, Herbert Mendelsohn, of New Haven. "Suddenly, she was thrown under her seat and heard people screaming and saw smoke in the car. Her sense at first was a terrorist attack or a bomb or something. When suddenly all hell breaks loose, you don't know what to expect."

Bolden suffered injuries to her right arm and shoulder, which Mendelsohn said have healed well. He said her emotional injuries remain. She was afraid to take the train after the crash, instead trying to tough it out in traffic by driving herself.

Mendelsohn just recently worked with one of the Ryan Ryan DeLuca attorneys to settle Bolden's claim for an undisclosed amount. "You don't want to relive this for five years. She was happy to resolve it," said Mendelsohn. "It puts it behind her. Why drag it out?"

Not every lawsuit has been brought by a passenger. New York lawyer Steven Kantor is suing in Connecticut federal court on behalf of Steven Bauer, a Metro-North engineer who was on the train that derailed. The lawsuit states he suffered "serious and permanent injuries" from the crash, though the complaint did not get into specifics. Kantor did not respond to an interview request.

Marisa Bellair, of Lynch, Traub, Keefe & Errante in New Haven, has clients injured in the derailment in both state and federal court in Connecticut, including Ochoa-Garcia's case. Bellair said her federal cases have been consolidated with Faxon's Sorensen case. She said she filed for a client in state court due to jurisdictional issues.

Specifically, her client lives in New York, where Metro-North is incorporated, so there was no diversity jurisdiction for federal court purposes. Another reason cases have been filed in state court is if damages fall below the $75,000 threshold for federal court. She said the state court cases against Metro-North are not being consolidated.

Bellair has not settled any of her cases yet but is working on it. In addition to monetary damages, she's hopeful the cases will bring about changes to the way the train company maintains its tracks so that the public will stay safer.

Bellair said the latest Philadelphia derailment that left eight people dead and more than 200 injured "dredged up a lot of painful memories" for her clients.

"It brings back to the forefront the incident they were involved with here," said Bellair. "As much as you try to get on with your day-to-day life, it hits very close to home for a lot of them."