Tuesday, February 28, 2012


Black (red) box in VIA 6429
Event recorder in VIA 6429

The Star is reporting that lawyers Harvey and Sharon Strosberg have filed a class-action suit against VIA and CN for $10 million in general damages from the recent VIA accident.

These specialists in class action suits are experienced in such matters, according to the National Post, as they pressed a suit against VIA and CN for a derailment in 1999 near Thamesville, Ontario. According to the TSB report, VIA 74 ran through switches lined and locked for the reverse position. I remember this accident and the TSB report makes it clear that CN was negligent. (TSB = Transportation Safety Board)

The National Post article says Ms. "Strosberg said her office had received a handful of calls from passengers." I wonder how they got their number?

People are entitled to some compensation based on the level of inconvenience or injury, but I find it repulsive that the suit was filed two days after the accident. I'm not a lawyer but surely some finding of fault from the TSB should take place before a suit is filed.

Speaking of the TSB, they have deployed a team and have the "black box" (it's red) and are already investigating. The investigator in charge is Tom Griffith, a very experienced investigator with the TSB who also has considerable rail experience. He's quoted several times in this CBC story.

The Star has a vivid video of VIA 6444 being righted.

1 comment:

Unknown said...

They must have tore most of the cab roof off to right the locomotive. If you compare Sunday's photos to this video the damage isn't the same.