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.