Case details

Train conductor: Decedents could not be seen until too late

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, multiple trauma
FACTS
After midnight on Nov. 1, 2007, plaintiffs’ decedents Renee Ammari, 23, and Tanya Sayegh, 18, were traveling in a sport utility vehicle owned by Ammari. However, it was disputed as to who was driving the vehicle. At approximately 12:55 a.m., the SUV made a right turn onto a railroad track and proceeded in the direction of oncoming train traffic for about 59 seconds, traveling 100 feet. At that point, in an effort to exit the tracks, the SUV struck an adjacent concrete block wall and came to rest with the rear of the vehicle partially off the tracks. Ammari and Sayegh then exited the vehicle and about one minute later, a Union Pacific freight train came down the track and struck the vehicle. Ammari and Sayegh, who were standing behind the SUV, sustained fatal . The decedents’ parents, Asef Ammari and Jackleen Ammari, acting as the successors in interest of Renne Ammari’s estate, and Samia Sayegh, acting as the successor in interest of Tanya Sayegh’s estate, sued BNSF Railway Co.; Union Pacific Railroad Co.; the train conductor, Glen Holmes; Southern California Regional Rail Authority, which was doing business as Metrolink; Bombardier Transportation (Holdings) Inc.; Bombardier Transit Corp.; Western Area Security Services; the county of Riverside; and the city of Riverside. The decedents’ parents alleged that the defendants were negligent and liable for their daughters’ wrongful death. The county was erroneously named, and was ultimately dismissed from the case. The city filed a motion for summary judgment on liability, and it was granted. BNSF Railway, Southern California Regional Rail Authority, Bombardier Transportation, and Bombardier Transit were also dismissed from the case. In addition, Western Area Security Services agreed to settle with the plaintiffs. Thus, the matter proceeded to trial against Union Pacific Railroad and Holmes only. Plaintiffs’ counsel argued that the crew of the train failed to be alert and attentive, as the impact occurred directly in front of them. Counsel contended that the SUV’s hazard lights were on continuously for 26 seconds, beginning when the train was over 1,300 feet from impact, and that the headlights of the vehicle were on at all times. Counsel further contended that all of the visual clues were visible on the low resolution, black-and-white video recording from the camera on the windshield of the train’s lead locomotive. Thus, plaintiffs’ counsel argued that Union Pacific Railroad and Holmes failed to follow proper emergency brake procedures and did not apply the emergency brakes until one second before impact, while the train was 54 feet from the SUV and traveling at a speed of 36 mph. Counsel for Union Pacific Railroad and Holmes contended that the crew was alert and attentive, and was operating the train in accordance with all rules and regulations. Counsel argued that the SUV was simply not observable as an obstruction on the tracks until it was too late to stop the train to avoid hitting it. Counsel also argued that the accident was solely the result of the negligence of the decedents in driving the vehicle while under the influence of alcohol, as Renee Ammari had a blood alcohol content of 0.15, while Tanya Sayegh had a BAC of 0.03, which is considered over the limit for a minor. Thus, defense counsel contended that the decedents were negligent for driving onto railroad tracks from a well-marked crossing and remaining with the vehicle on the tracks even though there was ample time to exit and move to a place of safety., A train struck an SUV while Renee Ammari and Tanya Sayegh were standing behind it. As a result, they suffered multiple blunt force traumatic and were rushed to a hospital. However, within a span of one to four hours, each died from the they sustained. Thus, the decedents’ parents sought recovery of a combined total of $20 million in noneconomic wrongful death damages for their loss of the of decedents’ love, companionship, comfort, care, assistance, protection, affection, society and moral support.
COURT
Superior Court of Riverside County, Riverside, CA

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