CHICAGO — The family of a Chicago police officer killed when struck by a train while pursuing a suspect last year has filed a wrongful death lawsuit against parties including Metra and the South Shore Line.
The Chicago Sun-Times reports that the family of officer Eduardo Marmolejo filed the suit over the Dec. 17, 2018, accident in which Marmolejo and another officer, Conrad Gary, were struck by a South Shore Line train while chasing a man with a gun across the Metra Electric Line tracks near the 103rd Street/Rossmoor station. [See “Suspect charged in case that led to two Chicago policemen being killed by train,” Trains News Wire, Dec. 21, 2018.]
The suit says Metra, the South Shore, the train conductors, suspect Edward R. Brown (who was later arrested), and the City of Chicago were guilty of negligence and willful and wanton conduct, claiming the city and railroad companies who erected a fence around the tracks should have known it did not completely surround the right-of-way, allowing individuals to enter the proper; that they had failed to make necessary repairs to the fence, and that the area was not properly lighted.
The city, Metra, and attorney for Brown all declined comment to the newspaper. The South Shore Line did not immediately respond to messages.
Another frivolous lawsuit from a family seeking deep pockets. It’s tragic that the police officers perished, but they made a conscious decision of entering railroad property where a train can come from any direction at any time.
I hope that at last a jury will render a verdict for the railroad. To many times they ruled in favor of people who trespassed or ran crossing signals or other stupid acts.
I’m a little sad, but not very surprised, that commentators focused on the plaintiffs, and especially their lawyers, perhaps being unjustly enriched, but not much sympathy expressed for the policemen who lost their lives.
The law suit should be directed at the suspect. As (likely) he doesn’t have deep pockets, someone apparently thinks Metra has deep enough pockets to bring the deceased officer back to life.
This type of lawsuit should not even be allowed to go to court.
I don’t think we would see a lawsuit iff this took place on a highway. I imagine the lawyers will bring that up.
I also wonder if there is an issue of the government not really compensating the family enough after the death. Our support of police officers in this country is fairly woeful.
Mister Spurlock:
Took you guys long enough …
The above comments are generic in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. I’m not your coach – he survived.
Miss Harding,
Are your comments generic out genetic in nature? I must admit to being a bit confused.
Miss Harding,
I don’t read these as often as I had in the past. I have found your insights well discussed and appreciate your point of view.
“The first thing we do, let’s kill all the lawyers.” Henry VI Part 2 Act 4 Scene 2.
The above comments are genetic in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Place three on two to show.
Anna. Both proponents and opponents of capital punishment agree on the proper punishment for lawyers.
I have an opinion concerning this litigation but unfortunately I also am constrained from commenting on ongoing litigation. Feel free to read between the lines. You might or might not be right.
The above comments are genetic in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Place two on three to win.
Ms Harding, please continue with your well edited comments. If someone says go to the kitchen, tell them #%&-()&%$#@@%&&€v|`¢™°{{[?®€•p×{{{][™©\£`•p׶{][?™€€¢£¥°=°[?™®©€^=¶??=]][?®¢¢\\£~`|vp÷ !!!
Or something to that effect.
I suspect the railroads are being sued because they have deeper pockets than the suspect who instigated the chain of events.
Mister Downie:
I am quite certain that if you wish for me to have an opinion on this matter you will tell me what it is.
Respectfully request permission to return to my wifely chores in the kitchen.
Let’s see:
During the Viet Nam war, antiwar activists sat on the tracks leading to a weapons depot in California. A protestor named Brian Willson lost both legs and sued Southern Pacific. His supporters got real mad when the railroad countersued.
Decades ago, a child playing ball in a Detroit playground went after a baseball and got hit by a Chessie train. The parents filed a claim against the city for locating a playground next to a railroad track.
A couple of years back, the Detroit Fire Department responded to a vehicle fire near the old Livernois yard. The fire truck was parked across the tracks and got hit by an Amtrak train.
In 1968, Sen. Robert F. Kennedy’s funeral train WB on the NEC attracted crowds some of a whom were hit by trains operating in the opposite direction of the funeral train people were waiting for. After a number of incidents Penn Central halted all movements except RFK’s.
Operation Lifesaver anyone ???? Expect a train scheduled or not operating at any time in either direction on any track. And BTW a train that can by heard for miles might not be audible to a nearby trespasser.
All things being equal had this tragic chase occurred on a busy freeway, the lawsuit should be directed to the Illinois DOT, commercial carriers and individual motorists involved.
Anna,
Here is my guess. No mater the facts including that Metra can’t fence all the right of way or possibly keep people from cutting the fence to trespass the jury will find for the police officer and get the deep pocket defendant, Metra and/or the city to pay. Two young men got electrocuted in DC, one by climbing on top of a boxcar and touching the catenary. And, the other climbing an eight foot fence topped with barbed wire while ignoring high voltage and no trespassing signs. Amtrak paid out big bucks in both incidents.
Seems like a lawyer who got tired chasing ambulances is behind this. Stupid lawyer and unfortunate railway company / employees. Countersue.