Train Crash Lawsuits Filed In State, Federal Courts

The massive Metro-North train accident in Bridgeport last month became a nightmare for commuters and caused $18 million worth of damage.

Of interest to lawyers, 73 passengers, two engineers and a conductor were taken to the hospital for injuries. One passenger was critically injured. Two lawsuits have already been filed on behalf of a handful of injured passengers and another lawyer representing rail workers has sent out letters indicating his plans to sue.

Scores of other law firms, both in Connecticut and out-of-state, have blog posts offering details of the crash and advising readers that their lawyers have experience in handling railroad accident cases.

In the coming months, lawsuits could pop up in federal or state courts in Connecticut and New York. Even the most experienced railroad attorneys contacted by the Law Tribune said it was difficult to predict how ultimately these cases will all play out.

"There really hasn't been an incident on Metro-North of this magnitude before," said New Haven solo Charles Goetsch, whose practice focuses on railroad law. "There's nothing to compare it to. It's really unchartered territory."

Lawyers say that despite some early filings of lawsuits, it's unlikely that any trials will occur in the near future, as all parties await results of an investigation into the crash by the National Transportation Safety Board. Nevertheless, strategic decisions, including timing of the lawsuits and venue, are already being made.

For instance, Metro-North operates partly in Connecticut, but is run by a New York State agency, the Metropolitan Transportation Authority. So claims could be filed in state courts in either state. To file in federal court under diversity jurisdiction, damages sought must exceed $75,000 and both parties to the claim cannot be from the same state. So Connecticut residents with relatively serious injuries can file federal claims.

Experts say attorneys might shop for the court that's known to be more sympathetic to plaintiffs. Discovery rules may also play a part in the decision on where, and when, to file.

One New York railroad law attorney said he prefers federal court for discovery reasons, even though state court juries in the Bronx or Brooklyn might be more generous with verdicts. Goetsch said in a crash of this magnitude, a quick lawsuit may be designed to ensure that all critical evidence is preserved.

"If there's evidence of negligence that is perhaps at risk of being lost or spoiled, then it would make sense to file suit and put the other side on notice that that cannot happen," said Goetsch. "The earlier it goes into suit, the earlier you can get depositions, sworn testimony…"

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