February
6, 2001
ATTORNEY
FOR TRAIN CRASH VICTIMS, FIDEL AND FRANCISCA VELARDE TO
HOLD PRESS CONFERENCE ON WED., FEB. 7 AT 11 A.M.
News Article
Available
The
attorney for Fidel and Francisca Velarde, TIMOTHY J. CAVANAGH
of the LAW FIRM OF LLOYD & CAVANAGH, will hold a Press
Conference on Tuesday, February 6, 2001 at 11 a.m. at 200
W. Madison Street, Second Floor Conference Room.
Fidel
(age 72) and Francisca (age 72) were passengers in a Ford
Explorer that was struck by a Canadian National/Illinois
Central ("CN/IC") freight train on January 9, 2001 at the
Army Trail Road Crossing in Bloomingdale, Illinois. The
Ford Explorer was driven by the Velarde's daughter, Lilia
Apulello. The CN/IC reportedly had deactivated the crossing
gates and lights at the crossing and issued a Work Order
that required a "Stop and Flag" Procedure. Despite the Work
Order, audiotapes of conversations indicate that the train
conductor was told by a CN/IC dispatcher in Homewood, Illinois
that the train did not need to stop at Army Trail Road.
The Federal Railroad Administration (FRA) is currently investigating
the collision and is expected to issue a report within several
months.
As
a result of the collision, Fidel and Francisca were rushed
to Central DuPage Hospital, where they spent the week in
the Intensive Care Unit. One week later, they were transferred
to Provena St. Josephs Hospital in Elgin, Illinois for rehabilitation.
They are currently under the care of Dr. Gary Yarkony, a
rehabilitation specialist and Dr. Wen, a neurosurgeon at
Provena St. Josephs Hospital. Dr. Wen has indicated that
Mr. Velarde may need brain surgery. VIDEOS AND PHOTOGRAPHS
OF FIDEL AND FRANCISCA WILL BE AVAILABLE AT THE PRESS CONFERENCE.
On
January 11, 2001, MR. CAVANAGH filed a lawsuit against the
CN/IC Railroad Company and the Chicago Central & Pacific
Railroad Company. They are sister subsidiaries. The lawsuit
is entitled Fidel Velarde and Francisca Velarde v. Illinois
Central Railroad Company d/b/a Canadian National/Illinois
Central Railroad Company, et al., No. 01 L 373. The case
is pending in the Circuit Court of Cook County before Judge
Diane J. Larsen. Immediately after the lawsuit was filed,
Mr. Cavanagh successfully sought a Protective Order from
Judge Larsen. The order requires the railroad to not destroy
critical evidence including tape recordings of conversations
between the dispatcher and the conductor. The tape recordings
and Work Orders were required to be turned over to Lloyd
& Cavanagh by Feb. 2. THE AUDIOTAPES WILL BE PLAYED
AT THE PRESS CONFERENCE.
Mr.
Cavanagh is the attorney who won a $9.1 million settlement
against the Illinois Central Railroad Company four months
ago for a March 9, 1998 train crash at Schmale Road in Bloomingdale,
Illinois. The prior lawsuit also alleged that the Illinois
Central Railroad failed to properly communicate a "Stop
and Flag" procedure. The Schmale Road Crossing is only two
crossings from Army Trail Road. As a result of the 1998
collision, Hanifa Ajmeri sustained a brain injury, nerve
damage and internal injuries.
The
VELARDE FAMILY will be available to answer questions at
the Press Conference.
