Skip to Main Content
Railroad News

Metrolink Train Kills Husband as he Pushes Wife to Safety in California

By Pottroff & Karlin LLC |

(Dana Point, California – April 16, 2018)

A Lake Elsinore, CA couple, vacationing at a Dana Point, CA campground, found themselves in harm’s way as they walked near Southern California Regional Rail Authority (Metrolink) tracks that pass through Dana Point. The husband of 37 years was killed as he heroically shoved his wife out of the path of a Metrolink train as it bore down upon them with virtually no warning.  The tragedy occurred at about 4:00 P.M., PDT Monday afternoon and involved Metrolink train 609, which was traveling from Oceanside to Los Angeles with 64 passengers on board.

Ernest Gibson, 71, pushed Jacqueline Gibson from the path of one of the 42 Metrolink commuter, Amtrak passenger and BNSF freight trains that roll through the corridor at speeds as high as 90 mph, saving her life as he sacrificed his own.   The couple had detoured across the tracks to avoid a transient encampment located below an underpass.

The pair first checked carefully for signs of any oncoming rail traffic before they crossed.  But precaution wasn’t enough as the last thing Mrs. Gibson heard before she felt a shove was her husband crying out “The train! Run!” as the train emitted a single blast of its horn only a second before it struck Ernest.

Speaking to Staff Writer Jonathan Winslow of The Orange County Register, Jacqueline wondered why it was so easy for pedestrians to access an area Metrolink officials called “restricted”, as well as why the train’s warning horn was not sounded until escape was impossible.

Mrs. Gibson told Winslow that she wondered “why there’s no indication that the area was off limits – no signs, no security, no fences.”

“I’m so mad they don’t have fences up on that side. They put them on the beach side, but not where they tell everybody to walk. Then they call it a ‘restricted area’”!

The tragic death marked at least the fourth pedestrian fatality to be suffered in the Dana Point corridor since 2004.

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