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October 20 , 2003

LLOYD & CAVANAGH FILES LAWSUIT AND SEEKS PROTECTIVE ORDER IN CHICAGO METRA DERAILMENT

On October 20, 2003, Timothy J. Cavanagh of the law firm of Lloyd & Cavanagh filed a negligence lawsuit on behalf of a Steven Kuk, his wife, Kathryn and his daughter, Megan injured in last Sunday's METRA train derailment. On October 12, 2003, METRA train number 519 left the rail, injuring over 45 people, when the engineer failed to reduce speed before crossing from one track to another at 47th and Federal Streets in Chicago.

On October 22, 2003 at 9:00 a.m. in Courtroom 2202, Cook County Circuit Court Judge Philip Bronstein will hear a Motion filed by Lloyd & Cavanagh seeking the entry of a Protective Order assuring that all pertinent evidence is not destroyed and that Lloyd & Cavanagh and its consulting experts be provided immediate access to the evidence. Timothy J. Cavanagh stated: "We have been successful in prosecuting railroad negligence cases in the past, including a $9.1 Million settlement in 2000 and a $21 Million verdict in 2002, due, in part, to immediately obtaining Protective Orders on all pertinent evidence."

The suit, filed in the Circuit Court of Cook County, names METRA as the sole defendant because the name of the engineer has not yet been disclosed. The complaint alleges that METRA was negligent in the operation of the train and the maintenance of the track switch and safety signals, including the track side traffic signals and train control signals. The case is entitled Steven Kuk, Individually and as Father and Next Friend of Megan Kuk and Kathryn Kuk v. Northeast Illinois Commuter Railroad Authority, d/b/a METRA, a corporation, No. 03 L 12503.


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