Skip to Main Content
Railroad News

Amtrak Train Severely Injured Two Famed R&B Members at a Union Pacific Crossing as They Were Going To an Oakland Concert

By Pottroff & Karlin LLC |

(Oakland, California €“ January 12, 2017)

Two members of the renowned Tower of Power€ Rhythm and Blues musical group were severely injured when they were struck by an Amtrak train at approximately 7:30 P.M., PST. Thursday night. The collision occurred at a Union Pacific railroad crossing on Clay Street, near Oakland, California€™s popular Jack London Square venue.  The band members were en route to the venue when the collision occurred.

Two members of the renowned Tower of Power€ Rhythm and Blues musical group, crossing Union Pacific Railroad tracks at the Clay Street entrance to Oakland, CA€™s popular Jack London Square venue, were struck, injured, and transported to an area hospital as an Amtrak/CalTrans passenger train hit both men about 7:30 P.M., PST, Thursday night.

Calling Tower of Power€ an R&B institution for nearly 50 years,€ Bay Area Fox News identified the two musicians as percussionist David Garibaldi, who has been with the group since 1970, and current bassist Marc van Wageningen, who was subbing for a regular member of the band. An Amtrak spokesperson complained that the victims were not in the designated crosswalk when they were hit.€

The two musicians were transported to and admitted in serious but stable condition at Oakland€™s Highland Hospital for treatment of numerous injuries. Meanwhile, the scheduled 8:00 P.M. concert at Yoshi€™s was immediately cancelled after word of the accident reached the theater.

A hospital spokeswoman said that Garibaldi, 70, suffered head and facial injuries, while Van Wageningen, who was filling in for the band€™s regular bassist, Frank Rocco Prestia, suffered broken ribs, a concussion and internal injuries which required emergency surgery to properly treat.

Fox News added that It wasn€™t clear why the men were on the tracks, but pedestrians often need to cross them in the area with trains running across and in between streets, including right outside Yoshi€™s€.

In fact, Embarcadero Street passes directly between Yoshi€™s and a parking deck, and Union Pacific€™s double track thoroughfare uses the street as a pathway, with trains passing within only a few feet of Yoshi€™s doors.

Eastbay Times Staff Writer Erin Baldassari talked with Union Pacific Spokesman Jeff DeGraff, who told her that initial indications are that the two men, along with other pedestrians, had waited for a northbound Union Pacific freight train to pass through the crossing. Once (the train) was through, they started to walk across, even though the warning gates were still down and the lights were still activated. Unfortunately, just as the UP train passed headed north, an Amtrak train came through the area.€

Baldassari added that In interviews and on social media, people familiar with the Amtrak crossing where the accident occurred said they feel the intersection poses safety concerns.€

According to Federal Railroad Administration files, the former Southern Pacific crossing accommodates a daily average of two dozen Union Pacific freight and Amtrak passenger trains at a top-allowable speed of 25 mph. The train that struck them was a CalTrans-funded Capital Corridor€ operation.

SOURCE


sb-news-bg

Railroad News



Testimonials

Train crash cases are unique and complex with many different potential pitfalls, such as federal preemption. Anytime I get hired or even get a call from a train crash victim, my very first call is to Nathan’s firm. Nathan’s knowledge and experience in handling and trying cases against these litigation savvy railroad companies gives me the confidence to know that the clients and cases I refer to him are getting the best of the best.

James Perrin Lubbock, Texas

I have had the opportunity to work as co-counsel with Nathan on several railroad crossing accidents cases. In each case, Nathan always possessed an incredible knowledge of the law and the facts, possessed a great talent for aggressive - strategic legal planning and trial tactics while, at the same time, displaying great skill as an effective negotiator. I would recommend him to anyone without hesitation.

Scott McCluen Harriman, Tennessee

Nathan Karlin has my strongest endorsement in the field of railroad crossing cases and personal injury law. I had the pleasure of working with Nathan in a complex railroad personal injury case. I was impressed by Nathan’s knowledge, his work ethic, and his dedication to the client. I look forward to working with Nathan on future injury matters. I am also aware firsthand that he has obtained excellent trial and settlement results in numerous cases involving members of the public harmed by railroad companies.

Joseph M. Miller Mandeville, Louisiana

Nathan is a warrior fighting the railroads. As a fellow personal injury lawyer, I have constantly been impressed with his depth of knowledge and his capabilities from case to case. I’d take him into battle with me any day against the biggest railroads and insurance companies on the planet.

Jon C. Clark Austin, Texas

Bob Pottroff has fought for the victims of the railroads’ callous disregard for safety more than any other attorney that I know. I should know because I am currently Chair-elect of the Railroad Section of ATLA.

Robert Schuetze Boulder, Colorado

Mr. Pottroff has shaken the rail industry to its very roots. Settlements are now more common as a result of the way he has exposed the industry’s wrongdoing.

Mike Easley Arkansas

Bob Pottroff’s work in railroad safety law is unmatched and he has been the source of great advice and phenomenal creativity.

Roger Brown Jefferson City, Missouri

In addition to his substantive contributions to railroad grade crossing safety, I have personally observed his untiring efforts and contributions to improving the integrity of the legal system.

Elizabeth Hardy Lake Charles, Louisiana

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
Testimonials