Burton and Zorine Lindner were killed on Wednesday, July 4 when a bridge collapsed under the weight of 28 train cars that had derailed. Their family has filed a wrongful death lawsuit against Union Pacific, alleging that the company was negligent. They argue that Union Pacific failed to conduct proper inspections and maintenance of its railroad tracks. “http://www.washingtonpost.com/national/law-firm-identifies-motorists-killed-in-train-derailment-north-of-chicago-as-glenview-couple/2012/07/06/gJQATXQGSW_story.html”
Burton Lindner, 69, was a lawyer who practiced in Chicago. Zorine Lindner, 70, was a retired school guidance counselor. The couple lived just a block away from the collapsed bridge.
Train Derailment Caused Bridge to Collapse
Officials from Union Pacific stated that the train was derailed when it hit a kink in the track. The derailment left the train cars piled on a bridge which subsequently collapsed under the excess weight. The Lindners’ Lexus was crushed by the bridge.
The 138-car Union Pacific train was hauling coal from Wyoming to Milwaukee when the train derailed in Glenview, Illinois. The derailment caused thousands of tons of coal to spill from the train. The bridge collapsed under the weight of 28 cars. Authorities initially reported that no one had been injured in the accident. However, workers who were cleaning up after the accident discovered the car buried in the rubble. The Lindners’ bodies were discovered inside the crushed Lexus. Authorities fear that more bodies may be found in the rubble. “http://www.suntimes.com/news/metro/13621355-418/train-derailment-victims-identified.html”
The family’s lawyers obtained a court order that stopped the cleanup for 36 hours so they could investigate the site. Union Pacific claims that all potential evidence has been preserved.
Cause of Derailment is Uncertain
Union Pacific claims the extreme heat wave that plagued the Chicago area was to blame for the derailment. According to a spokesman for the company, the likely cause of the derailment was the extreme heat causing the rails to expand. The temperature soared in the triple digits when the derailment occurred.
A preliminary investigation determined that the derailment was not caused by the bridge failure. The train derailed prior to the bridge collapse. The bridge was not designed to support the weight of 28 coal cars. According to a Union Pacific spokesman, each car weighs approximately 80 tons. Some cars can weigh up to 100 tons.
The family’s attorneys are skeptical about Union Pacific’s claim that the derailment was caused by extreme heat. They argue that the company failed to properly inspect the tracks or conduct regular inspections. An earlier derailment took place on the bridge in 2009, an incident that led the attorneys to conclude that Union Pacific failed to adequately maintain the tracks. Last year, the bridge was closed for repair for three months.
According to Union Pacific, the company inspects the tracks twice a day when weather conditions are extreme. The company confirmed that the inspections took place prior to the incident. Attorneys for the Lindners’ family argue that the inspections were inadequate and that Union Pacific failed to properly maintain the tracks.
Wrongful Death Lawsuit Filed
Attorneys have filed a wrongful death lawsuit on behalf of Robert Lindner, the Lindners’ son. The lawsuit alleges that Union Pacific was negligent. According to the lawsuit, the Lindners were killed due to Union Pacific’s negligence. Not only did Union Pacific fail to properly inspect and maintain their tracks, the company also failed to recognize dangerous operating conditions. Robert Lindner is asking for at least $150,000 in damages. “http://www.chicagotribune.com/news/local/ct-met-train-derailment-folo-0707-20120707,0,2944446.story”
Carrie Smith is a freelance writer interested in law. She found useful information on wrongful death cases online.
Michelle
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