Judge Rules in Rail Crash

Injured Metrolink passengers and relatives of people killed in a train collision two years ago in Placentia can seek punitive damages in their lawsuits against Burlington Northern and Santa Fe Railway Co.

The ruling this week by Orange County Superior Court Judge C. Robert Jameson means that millions of dollars could be added to the compensation of about 70 plaintiffs if they win in court.

Punitive damages are designed to punish defendants for malice, fraud or negligence. They go beyond compensation sought for property damage, loss of wages, and physical or psychological injuries.

“There needs to be punitive damages awarded to keep the trains safe,” said Ann Kube of Moreno Valley, whose husband, Robert, 59, was killed in the accident.

On April 23, 2002, a Burlington Northern freight train plowed head-on into a Metrolink train at the height of the morning rush hour. Three passengers died and more than 260 were injured.

Federal investigators concluded in October that the collision was caused by an inattentive Burlington Northern crew that had missed a warning signal. Contributing to the crash was the lack of an automatic braking system, they said.

The lawsuits allege that the railroad showed a careless disregard for human life by allowing dangerous conditions to persist on its freight trains.

They say automatic braking systems could have prevented the collision. The lawsuits also allege that the crew was fatigued from overwork and the conductor had a history of losing track of signals.

Burlington Northern contended that federal provisions related to rail safety and interstate commerce exempted it from punitive damages. But Jameson said Burlington and its employees allegedly violated the company’s internal rules and regulations -- issues where federal law did not apply.

“We believe certain rail procedures were put into place that threatened safety,” said Wylie Aitken, a Santa Ana attorney representing about 10 plaintiffs.

Lena Kent, a spokeswoman for Burlington Northern, declined to comment on the ruling.