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February 27, 2012

Derailment passengers seek to launch class-action lawsuit

A law office that successfully led a class-action lawsuit against Via Rail and CN after a 1999 derailment has been contacted by injured passengers from Sunday's deadly train crash near Burlington, Ont.
Sutts, Strosberg LLP will likely move forward on a multi-million dollar class-action lawsuit later this week, said Windsor, Ont., lawyer Sharon Strosberg.
"We're inclined to start a class proceeding on behalf of all the individuals who were on that train, and we have a lot of experience in that area," Strosberg said.
"We think it's a very good case that has some merit and we would be privileged to start it."
Via Rail train 92 derailed on a straight track in good weather Sunday afternoon near Burlington, a community about 60 kilometres southwest of Toronto. Three Via Rail employees — two senior locomotive engineers and a trainee — were killed when the locomotive and five cars jumped the tracks as the train switched from one track to another — what should have been a normal procedure akin to changing lanes.
A total of 45 passengers were taken to hospital, where eight remained on Monday afternoon. The three most seriously injured suffered a broken leg, a back injury and a heart attack.
Typically, Strosberg said, people in class-action lawsuits are compensated based on any inconvenience or injuries sustained.
"Of course, the more serious the injury, people would be compensated for that."
She encouraged any passengers on board to contact Sutts, Strosberg LLP in Windsor or Falconer Charney LLP in Toronto.
Sutts, Strosberg LLP reached a settlement with Via Rail and CN in 2002 over a class-action suit after a Via Rail train derailed in Thamesville, Ont., in 1999. Seventy-seven of the 186 passengers and crew on board were treated in hospital.
Two crew members died. CN and Via Rail agreed to settle and to pay damages.

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