More lawsuits filed against Metro in wake of crash

WASHINGTON - Nine people died and dozens of others were injured in the collision on Metro's Red Line two weeks ago. Now, the lawsuits against the transit agency are mounting.

Two more suits have been filed against WMATA, both claiming negligence on the part of train operator Jeanice McMillan and negligence against Metro.

Attorney Michael Wilson filed the lawsuits in U.S. District Court for D.C. last week on behalf of Jason Zimmerman of Silver Spring and David Holland of Burtonsville. The suits are seeking $400,000 and $500,000 respectively.

Documents claim Zimmerman and Holland severely injured their necks and backs, and both are suffering mental anguish. Both were riding in the second car of the striking train.

Both lawsuits claim McMillan, the operator of the striking train, "failed to keep a proper lookout for trains lying ahead, failed to maintain an appropriate rate of speed, failed to activate the emergency brake in time to avoid the collision and failed to pay proper attention to the track."

In terms of Metro's responsibility, the suits claim that "by placing operator Jeanice McMillan in that specific position knowing that she had limited or insufficient prior experience as a Metro train operator, limited or insufficient prior training, and limited or insufficient prior or current supervision in that capacity, WMATA failed to exercise reasonable care."

McMillan was considered a "rookie" as a train operator, having taken her position in March.

As of Tuesday, four lawsuits have been filed against Metro in the wake of the deadliest accident in the transit agency's 33-year history.

The family of 15-year-old Davonne Flanagan, who was injured in the crash, has filed a $950,000 negligence suit.

The family of one of the victims who died, 29-year-old Veronica DuBose, has filed a wrongful death lawsuit. The family is seeking $25 million in damages for the death of DuBose, who was the mother of a 7-year-old and a 20-month-old.

Metro says it has a fund to deal with the lawsuits, and fully expected that lawsuits would be filed.

"The money comes from a liability reserve and it funds both third party claims and Workers' Compensation claims," spokesperson Candace Smith says.

"The amount in it varies from year to year and throughout the year. Metro will put in place the appropriate legal team to handle the claims and may also use outside counsel."

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