Kin of killed teen sues Caltrain to get lots of money from others
- Published Saturday, March 1, 2008, by the San Mateo County Times
Talks begin in train death suit
Burlingame family may get settlement in Caltrain accident
By Mark Abramson
Caltrain and the attorney for the family of a Burlingame teenager
killed by a train nearly two years ago met Friday to try to resolve
a wrongful-death lawsuit against the rail line and other defendants.
The lawsuit was filed in San Mateo County Superior Court last March,
about a year after Fatih Kuc was struck by a train as he crossed the
tracks with his friends near the Broadway station.
Other parties named in the suit include the city of Burlingame,
San Mateo County, the state of California and SamTrans.
Caltrain officials declined to comment about the mediation and the
The Kucs' attorney, Jerry Nastari from the Millbrae-based firm Corey,
Luzaich, Pliska, de Ghetaldi & Nastari, said he could not comment,
because the mediation is confidential. It is unclear whether more
mediation talks will be scheduled, he said.
The Kucs are seeking an unspecified dollar amount for their son's
death, funeral and burial expenses, and any other relief the court
may deem "proper."
Burlingame City Attorney Larry Anderson said the defendants and
plaintiff agreed to let Caltrain try to resolve the dispute first,
given the possibility the two sides could reach a settlement that
involves everyone named in the suit.
The Kucs argue that the area where Fatih crossed should have been
fenced off and that SamTrans is at fault because the boy was killed
after he got off at a bus stop on California Drive. After he left
the bus, he crossed a city crosswalk that led to a footpath across
"Our view is (the death) had nothing to do with the location of our
pedestrian crossing," Burlingame City Manager Jim Nantell said.
It didn't matter where the crosswalk was, because people could still
cross the track before Caltrain fenced it off, city officials said.
SamTrans has removed the bus stop, and the city has taken the
crosswalk out since Fatih's death. But the lawsuit alleges that
the defendants are negligent for not taking care of the situation
before the accident.
Nantell said the crosswalk was removed because it was no longer
needed without the bus stop.
E-mail Mark Abramson at mabramson@...
[BATN: See also:
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Even more Burlingame Caltrain death hand wringing
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Burlingame school district wrings hands about death on tracks
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Kin, friends of dead Burlingame teen urge more Caltrain fences
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Memorial to honor boy killed trespassing on Caltrain tracks
Caltrain launches rail safety push; Burlingame wants fencing
After death, Burlingame eyes ways to cut Caltrain trespassing
After deaths, officials discuss safety solutions for Caltrain
Train track deaths hard to prevent, Caltrain talks up education
Burlingame may remove crosswalk, bus stops after Caltrain death
Editorial: Unfenced Caltrain tracks (roads?) suddenly a menace
Student's death on Caltrain tracks is troubling for school
Burlingame crosswalk leads to illegal Caltrain crossing
After teen dies, officials urge caution around Caltrain tracks
Burlingame boy killed by Caltrain appeared to be "playing"
Burlingame 7th grader killed trespassing on Caltrain tracks
13-year-old boy killed playing along Burlingame Caltrain tracks
Burlingame teen dies illegally crossing Caltrain tracks
Burlingame teen killed short-cutting across Caltrain tracks
and for a somewhat similar case:
Caltrain not liable for truant dodging warning gates, bells
No Caltrain payout in dad's sad bid for cash; retrial eyed
Ambulance chasing for Caltrain cash payout
Caltrain ambulance-chasing trial postponed one day
Retrial in dad's sad bid for Caltrain cash for death of son
Ambulance chasers go after Caltrain cash, Round Two