Clifford Files Another Passenger Dragging Case Against Metra
Press Release, 04/22/1999Clifford Law Offices filed today (Wednesday, 4/21) a lawsuit against Metra and the Union Pacific Railroad Company on behalf of a 76-year-old Fox River Grove man who was dragged by the train last August.
David Overton was exiting a northbound train Aug. 28, 1998, at the Fox River Grove stop when the train doors trapped his right leg and arm. The train continued on its route to the next stop with Overton half hanging outside of the train car.
He was finally able to free himself when the doors opened. He sustained severe injuries to his right leg, foot and arm.
"This is just another indication of Metra's culture of indifference to the fare-paying passengers," said Robert Clifford of Clifford Law Offices in Chicago. "This incident shows that Metra continues to inadequately train and educate its conductors to fully ensure passengers' safety."
The lawsuit comes on the heels of Clifford's $30 million verdict against Metra on behalf of violinist Rachel Barton who was dragged 366 feet by a Metra train four years ago. Shortly after that accident, in which Barton lost her left leg, Metra instituted the "second-look" rule where a designated conductor closes all train doors but his own before taking a final look for any passengers on the platform.
"Metra has the highest duty of care to its passengers and it continues to violate the most basic duties," said Kevin Durkin, partner at Clifford Law Offices .
The case was filed in Cook County Circuit Court and alleges negligence on a number of counts including failure to keep a safe and proper lookout and inadequately training its conductors regarding safe door operations.
