Partner Andrew “Duke” Maloney was quoted in a recent Lohud article
Kreindler Partner Andrew “Duke” Maloney, co-lead counsel of the Plaintiffs’ Steering Committee, delivered a big win for our clients who were among the passenger victims involved in a deadly 2015 Metro-North Railroad train 659 crash in Valhalla, New York. The trial took place before a White Plains, NY jury, almost 10 years after the tragic incident. The jury returned a verdict in favor of the passenger plaintiffs - assigning 71% of the blame to Metro-North Railroad itself, for its design of the third rail system, and to the train engineer, for his operation of the train. The jury assigned the remaining 29% of the blame to the driver of the Mercedes SUV that had driven onto the train tracks at the highway-railroad grade crossing.
What Happened
NTSB report image showing view from above
NTSB photo of SUV and the left side of the lead rail car
The accident occurred on February 3, 2015, and was investigated by the NTSB, which found that after the train hit the SUV at the crossing (killing its driver), the train pushed the SUV down the tracks and into the track’s third rail (Metro-North’s third rail is a conducting rail that provides electrical power to the train). The third rail penetrated the SUV broadside and projected upward and into the train. Eleven sections of the heavy steel rail, each weighing thousands of pounds, speared the first car of the train killing five passengers and causing serious injuries to several others.
The electrified third rail segments also caused a fire inside the train, eventually incinerating the entire first car. The rear exit door to the second train car was nailed shut by one of the rails and passengers had to self-evacuate through the emergency side windows and one open side door near the front of the car.
Metro-North design engineers and safety analysts were on notice that in the transportation world, you must anticipate accidents and collisions with fixtures in the transportation path. Not addressing this by at least having a frangible third rail system that would break away harmlessly during a collision is a huge problem.
NTSB report image shows the interior of the lead car
Attorney Maloney convinced the jury that Metro North’s third rail design was dangerous, defective and negligent. Metro North is the only railroad in the U.S. that uses an elevated third rail known as an “underrunning” design that has the train’s electric shoe contact the rail underneath to transfer electricity. This elevated height exposed the third rail to the danger of being impacted by any motor vehicle that comes into contact with it.
NTSB investigation photo showing third rail
Metro North intended to mitigate this risk by using a frangible breakaway design that would cause sections of third rail to fall harmlessly to the ground during a collision or derailment. Unfortunately, Metro North failed to implement this in its design – and to this day – has failed to fix the dangerous condition. We hope that today’s verdict will convince Metro North to fix this danger to ensure the safety of its passengers moving forward.
Today’s verdict established liability. Each individual plaintiff is now entitled to a damage trial to award compensation. Kreindler stands ready to try each case to obtain justice or, in the alternative, a fair award in a mediated settlement.
The National Transportation Safety Board (NTSB) issued a 79-page report on the Valhalla Metro-North Railroad train 659 Collision titled “Railroad Accident Report” on July 25, 2017.
Previous Experience with Train Crash Litigation
Though handling mass transit accident cases can be quite complex, Kreindler & Kreindler attorneys have the extensive knowledge, resources and rigorous litigation experience that continues to produce consistently favorable results for our clients.
Some of our most notable train crash cases include:
Derailment of an Amtrak Auto Train, Crescent City, FL
About Kreindler
Since 1950, our attorneys have led the way in major commercial aviation disaster litigation. Kreindler’s extensive experience spans victims of plane crashes and train, bus, and subway accidents, as well as mass torts, product injuries, and complex personal injury cases. We deeply understand the profound impact a train, bus, or subway accident can have on victims and families. While we can’t undo what has happened, we are here to help clients achieve closure, justice, and financial security, allowing them to move forward after a tragedy.
Metro-North design engineers and safety analysts were on notice that in the transportation world, you must anticipate accidents and collisions with fixtures in the transportation path. Not addressing this by at least having a frangible third rail system that would break away harmlessly during a collision is a huge problem.
