WASHINGTON, D.C. — U.S. Rep. Elton Gallegly (R-CA) released the following statement today in response to Los Angeles Superior Court Judge Peter D. Lichtman’s Opinion and Order of Allocation in the Chatsworth Metrolink Collision Cases:

“Mark Joseph, Vice Chairman and CEO of Veolia Transportation, claimed in a March letter to the House Transportation and Infrastructure Committee that the $200 million compensation fund Veolia and Metrolink planned to provide to the families of the 24 people killed and those severely injured in the September 12, 2008, Metrolink crash was more than adequate, and to believe otherwise, ‘one would have to accept valuations that far exceed the norm in serious accident cases.’

“Judge Lichtman’s opinion shows how wrong Mr. Joseph and Veolia have been since the day of the crash.

“In Judge Lichtman’s words:

“’In this Court’s view, after having conducted all of the hearings, the total value of the collision was appropriately in the range set forth above, i.e., $320,000,000 - $350,000,000. If each of the cases were tried separately to a jury, the verdict potential in all cases would be close to that number, if not greater.’

“Even after going through a painful preliminary allocation process, Judge Lichtman found damages exceeded the fund by $64 million.

“’There is not enough money to compensate the victims for future medical care and past pain and suffering,’ Judge Lichtman wrote.

“In the end, Judge Lichtman was forced to make what he called 120 Sophie’s choices.

“I thank Judge Lichtman for the impossible task he has undertaken.

“Now that Judge Lichtman has made his ruling, I once again call upon Veolia to do the right thing and fairly compensate the victims of the September 12, 2008, Metrolink crash in which the company was grossly negligent. The victims should not have to make Sophie’s choices every day among proper medical care, food, and a roof over their heads.”

Background:

More than 2½ years after the crash, Veolia created a fund for $200 million for the victims – the cap on rail accidents proscribed by U.S. federal law.

To date, Veolia has declined to pay any funds to the victims over and above the $200 million statutory cap. That means taxpayers will probably have to foot most of the victims’ bills once their personal insurance runs out.

Some victims will never work again. Some will never walk again. One young woman was studying to be a doctor. Part of her brain had to be removed. Everyday people just riding the train home from work have had their lives terribly altered forever.

Gallegly, whose district is home to most of the 2008 Veolia victims, has publicly called on Veolia to take full responsibility for the devastation caused by this terrible train crash and to do the right thing by those victims who have already lost so much. He has met with victims and Veolia executives together and separately.

He and 15-year-old Mackenzie Souser testified before the House Transportation and Infrastructure Committee’s Subcommittee on Railroads, Pipelines, and Hazardous Materials on March 17. On Monday, he and 17 members of the California congressional delegation sent a bipartisan letter to Veolia urging adequate and fair compensation to the victims.

Veolia’s website claims it is committed worldwide to “Accountability, especially in Safety.”

Veolia should hold itself fully accountable for this tragic crash and should pay the real lifetime damages to the victims because it is the right thing to do.