Metra Sued In Clarendon Hills Train Crash

CLARENDON HILLS, IL – The family of a woman killed in the May 11 train crash in Clarendon Hills sued Metra and others this week.

But the village of Clarendon Hills was not among the defendants. The family's lawyer said more parties, including the village, may be added later.

Christina Lopez, 72, of Downers Grove, died when a Metra train hit a box truck on the tracks at the Prospect Avenue crossing, authorities said. She was heading to La Grange to see her sister.

The lawsuit was filed by Lopez's estate and lists her three daughters, America Moyeno, Olivia Christopher and Josephine Klonowski.

The other defendants are BNSF Railway, Del's Moving and Sabrija Cubic, a Del's employee.

A day after the crash, the family's attorney, Steve Jambois, said in a news conference that the construction at the intersection may have caused problems.

"That was an accident waiting to happen," he said. "People were in harm's way quite frequently. I know there were numerous residents who have come forward to make complaints to the city."

After confusion between the village and the state, the village acknowledged to Patch that it was in charge of the project.

According to the lawsuit, Metra should have known of the construction, lane closures and traffic backups at the Prospect crossing.

The lawsuit also contended Metra should have known of uneven pavement and grade conditions at Prospect. It also said Metra should have known about near-miss events because of the construction.

The crossing, the lawsuit said, constituted "a particular hazard to the public and to passing trains."

Metra should have instructed its operators to approach the crossing with caution, according to the litigation.

In a news release, Jambois said the initial lawsuit, which was filed in Cook County Circuit Court, will almost certainly change as the case unfolds. He said he expected additional parties to be named.

"Our law firm is thoroughly investigating this tragic incident to determine exactly what led to Ms. Lopez's death and who is to blame for this avoidable situation," Jambois said in the release.

In an interview with Patch, Jambois said the village and the construction company "absolutely" may be added as defendants.

The National Transportation Safety Board is also investigating. Officials said that inquiry could last as long as 18 months.

Metra and Del's declined to comment Thursday morning on the lawsuit. Patch also left a message with BNSF.