Metrolink defends ‘push-pull’

LOS ANGELES — Metrolink attorneys argued in a state appeals court Tuesday that federal regulations governing the “push-pull” train operation preclude the practice from being used against the transit organization in a class-action lawsuit stemming from a fatal train derailment in Glendale in 2005.

Metrolink’s appeal comes after a Los Angeles Superior Court ruling in June that gave a jury the power to decide whether the push-pull operation — which uses a locomotive to push rail cars in one direction and then pull them for the reverse trip — makes it liable for the Jan. 26 crash that left 11 passengers dead and nearly 200 others injured.

The civil lawsuit was filed on behalf of passengers injured in the crash and families of those killed, and contends that Metrolink’s push-pull operation contributed to the severity of the accident.

The three-train accident occurred when a southbound Metrolink train struck a Jeep Cherokee, which was parked on the tracks, causing it to hit a parked Union Pacific train and a northbound Metrolink commuter train.

The alleged driver of the Cherokee, Juan Manuel Alvarez, is facing criminal charges of arson and 11 counts of murder with special circumstances.

Metrolink attorney William Ballaine argued in front of a three-judge appeals court Tuesday that the train’s configuration complied with federally mandated safety and emergency-preparedness measures, so claims that the operation was negligent are untenable.

Furthermore, the Federal Railroad Administration has sophisticated ways of establishing its rules, and allowing a jury to decide whether push-pull makes Metrolink liable would “undermine the uniformity” of federal regulations, Ballaine said.

But the lead attorney for the victims, Jerry Ringler, argued that Metrolink could not point to any federal regulations regarding specifically to the push-pull configuration, and therefore they could not be released from liability.

“You have to be highly specific with the item that is involved,” Ringler said.

In addition, Ringler argued that in 2006 Congress gave states and local agencies the ability to direct what railroads do in the absence of applicable federal laws.

“If push-pull is up to the states, how is that preemption?” Ringler said.

But Metrolink attorneys maintain that the push-pull model is included in federal mandates governing a “cab-car forward” operation, and that the transit organization complied with those regulations, Metrolink spokeswoman Denise Tyrrell said.

The three justices said they would review the information and would likely have more questions for the attorneys.

Once the justices have listened to all arguments, they have 90 days to issue a decision.

 CHRIS WIEBE covers public safety and the courts. He may be reached at (818) 637-3232 or by e-mail at chris.wiebe@ latimes.com.