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Thursday, July 2, 2009
The Cochran Firm Files Wrongful Death Lawsuit Against Metro
Carolyn B. Jenkins, the mother of Veronica DuBose, who died when two Metro trains collided on June 22, 2009, has filed a wrongful death lawsuit in District of Columbia Superior Court against the Washington Metropolitan Area Transit Authority (WMATA), as well as Alstom Signaling, Inc., which provides computerized train traffic control.
Veronica DuBose, who was crushed to death in the collision, was a 29-year-old mother of two young children. She was a certified nursing assistant and was riding Metro to attend classes in the District to earn a higher level of certification. She leaves behind her daughter Ava Sarai Katurah DuBose, 20 months old, and son Raja Otis Lee Williams, seven years old. She is also survived by her father, Erwin DuBose, as well as siblings and extended family.
The lawsuit against WMATA and its train traffic control provider, Alstom Signaling Inc., alleges that Veronica’s death was caused by the negligent operation of the rail system, failure to discontinue usage of the old and unsafe 1000 series rail cars, negligent maintenance and inspection of the braking systems, and a dysfunctional train traffic control system, the failure of which led to Veronica’s train colliding with a stationary train.
The car on which Veronica was riding, part of the 1000 series, was one of the oldest in the transit network, dating to the founding of the system and purchased between 1974 and 1978. The National Transportation Safety Board (NTSB) had warned WMATA in 1996 and 2006 that the unsafe 1000 series train cars should be replaced or retrofitted to improve “survivability” in the event of a crash. WMATA elected not to follow the NTSB’s recommendations. Also, when the train control computer system was tested on June 24, 2009, at the same location as the crash, it failed to detect stationary trains on the track.
Veronica’s mother, Carolyn B. Jenkins, stated, “It is hard to understand why Metro would ignore safety recommendations to protect its passengers. Our family is holding Metro accountable for my grandchildren growing up without their mother. We are devastated.”
According to Stephen D. Annand, managing attorney of The Cochran Firm’s D.C. office, which filed the case on June 29, 2009 in D.C. Superior Court, “Veronica DuBose’s family has suffered a terrible tragedy and loss for which they can never be fully compensated, but we will make every effort to see that justice is done.” David E. Haynes, also of The Cochran Firm, pointed out that “knowing that this tragedy was preventable makes it particularly egregious.”
William H. Kennedy III, of the Fort Lauderdale, Florida firm of DiStefano, Bossola & Kennedy, co-counsel with The Cochran Firm in the case, concluded by saying that “WMATA has to be held accountable for its failure to heed the repeated NTSB recommendations to replace unsafe rail cars after previous rail collisions, placing cost above safety. WMATA, along with other entities such as Asltom Signaling, Inc., must accept full responsibility for the failure of the computer system to prevent the collision.”
The Cochran Firm nationally, founded by the late Johnnie L. Cochran, Jr., and Mr. Kennedy and his partners, have represented clients in transportation disasters in the past and will be prosecuting this case jointly on behalf of the family of Veronica DuBose.
Veronica DuBose, who was crushed to death in the collision, was a 29-year-old mother of two young children. She was a certified nursing assistant and was riding Metro to attend classes in the District to earn a higher level of certification. She leaves behind her daughter Ava Sarai Katurah DuBose, 20 months old, and son Raja Otis Lee Williams, seven years old. She is also survived by her father, Erwin DuBose, as well as siblings and extended family.
The lawsuit against WMATA and its train traffic control provider, Alstom Signaling Inc., alleges that Veronica’s death was caused by the negligent operation of the rail system, failure to discontinue usage of the old and unsafe 1000 series rail cars, negligent maintenance and inspection of the braking systems, and a dysfunctional train traffic control system, the failure of which led to Veronica’s train colliding with a stationary train.
The car on which Veronica was riding, part of the 1000 series, was one of the oldest in the transit network, dating to the founding of the system and purchased between 1974 and 1978. The National Transportation Safety Board (NTSB) had warned WMATA in 1996 and 2006 that the unsafe 1000 series train cars should be replaced or retrofitted to improve “survivability” in the event of a crash. WMATA elected not to follow the NTSB’s recommendations. Also, when the train control computer system was tested on June 24, 2009, at the same location as the crash, it failed to detect stationary trains on the track.
Veronica’s mother, Carolyn B. Jenkins, stated, “It is hard to understand why Metro would ignore safety recommendations to protect its passengers. Our family is holding Metro accountable for my grandchildren growing up without their mother. We are devastated.”
According to Stephen D. Annand, managing attorney of The Cochran Firm’s D.C. office, which filed the case on June 29, 2009 in D.C. Superior Court, “Veronica DuBose’s family has suffered a terrible tragedy and loss for which they can never be fully compensated, but we will make every effort to see that justice is done.” David E. Haynes, also of The Cochran Firm, pointed out that “knowing that this tragedy was preventable makes it particularly egregious.”
William H. Kennedy III, of the Fort Lauderdale, Florida firm of DiStefano, Bossola & Kennedy, co-counsel with The Cochran Firm in the case, concluded by saying that “WMATA has to be held accountable for its failure to heed the repeated NTSB recommendations to replace unsafe rail cars after previous rail collisions, placing cost above safety. WMATA, along with other entities such as Asltom Signaling, Inc., must accept full responsibility for the failure of the computer system to prevent the collision.”
The Cochran Firm nationally, founded by the late Johnnie L. Cochran, Jr., and Mr. Kennedy and his partners, have represented clients in transportation disasters in the past and will be prosecuting this case jointly on behalf of the family of Veronica DuBose.
Labels: DC
posted by David E. Haynes at 11:44 AM
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