Parents File Suit in Train Death

The family of a 23-year-old Encino man killed by a Metrolink train as he tried to cross railroad tracks and sneak into a drive-in theater has filed a wrongful death lawsuit, alleging that a crossing was not properly maintained.

Named as defendants in the lawsuit filed last week in Los Angeles Superior Court were Metrolink and the city and county of Los Angeles, said Alan B. Newman. Newman is an attorney for Hank and Eileen Pola, parents of Eric Pola, who was killed Jan. 22 just west of the grade-crossing on Winnetka Avenue between Nordhoff Street and Prairie Avenue.

Police said Eric Pola tripped and fell into the path of the train as he followed two friends in a dash across the tracks.

Pola’s parents are seeking $1 million in damages in their lawsuit, which alleges that a crossing was inadequately maintained, noting that the asphalt near the train tracks was raised and not smooth, Newman said.

“So he tripped over it at night in an improperly lit area,” Newman said. “In addition to that, there were bushes so you couldn’t see the train coming. . . .”

Metrolink spokesman Peter Hidalgo declined to comment on the lawsuit, saying his office had yet to receive a copy.

So far nine people have been struck and killed by Metrolink trains, including Jaime Farizz, 37, of Los Angeles, who was killed when a train on the Santa Clarita line slammed into his truck at an unguarded crossing in Pacoima. Two claims filed against Metrolink in connection with that incident are pending, Hildalgo said.

The latest Metrolink fatality occurred May 4, when a young man leaped into the path of a Metrolink commuter train in Glendale and was killed on impact.