Mother, daughter, file $100M suit in fatal Metro crash
By: Bill Myers
Examiner Staff Writer
June 30, 2009
Two women who claimed to have been injured in the deadly June 22 Metro crash filed a $100 million lawsuit against the transit agency Monday, alleging that rail officials ignored a deteriorating system. Ivey Epps and her mother, Bernea Bell, say they were on the Red Line train 112 when it rammed into a waiting train June 22.
They claim to have suffered "severe and painful injuries" and are blaming Metro officials for not inspecting the system's brakes and not replacing the 1000 Series car that crumpled upon impact, killing nine and injuring up to 80 others. The suit was brought by Florida attorney Willie Gary, whom the Wall Street Journal once dubbed "flamboyant" for his private jet, posh offices and luxury cars. He won a $240 million verdict in an infringement case against Walt Disney Corp. In litigation against communications company Motorola, Gary once asked for $93 million in fees -- about $11,000 an hour. "This is a very sad and unfortunate occurrence," Gary said in a news release.
Metro officials couldn't be reached for comment on Monday's suit, but they find themselves being asked tough questions after the June 22 crash revealed that the agency had ignored federal recommendations to replace outdated 1000 Series rail cars that federal regulators said was not "crashworthy." The ramming car, which suffered all of June 22's fatalities, was a 1000 Series. National Transportation Safety Board officials were scheduled to have shut down the Red Line late Monday and early Tuesday for tests on equipment that may have failed in June 22 crash.
The June 22 crash remains under investigation, but early signs point to system failure. The system's train sensors may have lost track of the parked train and the ramming cars' breaks may have been applied, but didn't work. Metro officials have not responded to an Examiner request for maintenance records. Agency heads have tried to focus the blame on a lack of funding. Congress is scheduled to take up a $1.5 billion funding bill in the next two weeks.
It was a bad day all around for Metro on Monday. Around 4:11 p.m., a passenger died after jumping in front of a Metro train near the Forest Glen station, barely two days after officials reopened the Red Line.
