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Family of Bridge Collapse Victims Suing Union Pacific

Union Pacific officials say they were doing safety checks in Northbrook twice a day leading up to the train derailment.

 

Clean-up crews and freight service have been ordered to halt for 36 hours as experts hired by the Lindner family's attorneys investigate the site of Wednesday's bridge collapse. 

"Union Pacific has already created a makeshift bridge and already has trains going over the spot which shows they are more interested in having their business carry on the day after this tragedy than they are allowing a real thorough investigation to determine why these two amazing lives were taken away from us," said attorney Michael LaMonica. 

Erron Fisher and Michael LaMonica of Fisher & LaMonica, P.C. in Chicago appeared on behalf of the families of Glenview’s Burton Lindner, 69, and wife Zorine's, 70, whose bodies were found in the wreckage Thursday.

"We’re here to get some answers as to why something this tragic happened," LaMonica said. "We refuse to accept the fact that it was hot outside so a train can come flying off the tracks and kill somebody because that’s unacceptable."

Tom Lang, a spokesman for Union Pacific said the company was doing everything by the book. 

“I want to express to the family and friends of the accident victims our deepest sympathies," Lang said. "We follow all the federal guidelines relative to safety. It’s in our best interest and our employees’ interest to run a safe operation. We don’t take risks.”

According to Lang, Union Pacific crews were inspecting the rails twice a day, every day during the heat wave. He could not say when the last inspection was done prior to the derailment. He confirmed that Union Pacific was still investigating the cause of the accident. 

“It’s a lot investigation to still go on, so there’s not a definitive answer yet," Lang said. "We have what we think is the cause but it’s months out before we have a final evaluation of the cause.”

Fisher and LaMonica filed a court order this morning to stop clean up and freight service until their 36 hour investigation is complete. They have also filed a wrongful death suit against Union Pacific.

"So far it’s been Union Pacific that’s been doing the investigating," LaMonica said. "If we couldn’t trust them to keep their trains on the track, I’m not sure we should sit back and trust them to lead the investigation."

"The scene is totally destroyed, their trains are up and running, the very tracks that we wanted to have people look at are gone," Fisher added.

But Lang says Union Pacifc took "all the appropriate steps to preserve evidence related to the incident.”

Union Pacific plans to resume freight and clean up operations once the stop order is lifted at 11:00 p.m. Saturday. 

“As soon as we believe it’s safe to run, and our experts have deemed it safe to run and the order is lifted we intend to run the freight," Lang said.

According to a joint statement released by The Villages of Glenview and Northbrook, a representative from the Federal Railroad Administration determined Friday afternoon that Union Pacific's temporary bridge is structurally sound. 

To stay up to date as this story unfolds, "like" Northbrook Patch or Glenview Patch on Facebook.

Related Topics: Bridge Collapse, Shermer and Willow, and train derailment

Reilly James

7:20 pm on Friday, July 6, 2012

Money hungry. Didn't even take time to mourn. Obviously, those lost are the least important to you.

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Harry Gio

8:10 am on Saturday, July 7, 2012

NOT money-hungry... This is necessary to implement for NUMEROUS reasons; one being to put Union Pacific and the federal government ON NOTICE to implement inspection teams SO THIS NEVER HAPPENS AGAIN.

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Erron Fisher

7:03 am on Monday, July 9, 2012

Reilly, did it occur to you that trains have derailed in this spot 2 times in the past 4 years and 3 times in the past 40 years at this spot? I do not think the Northbrook Community or any other find repeated tragedy acceptable. We mourned our friends yesterday at their funeral and let me tell you how difficult that was. Regardless of being lawyers, we shed the same tears for Burt and Zoe that everyone else did. I hope you have no idea what it is like, ever, to suddenly and tragically lose someone who was a mentor and teacher and instrumental in helping you start your own business so you can provide for your family. We had a job to do, and that job was to get answers for the family, whom are our friends. That job was to make sure we get as much evidence as we could so the truth can come out. Finally, that job was to make sure that we allow the experts here to determine the truth so it does not happen again. If you believe that the railroad as a large corporation cares for one moment about anything other then dollars and cents, you may be as ignorant as your posting. I am writing this post as a person and friend of those that we lost. My job, and a very difficult one, is done. Now I will mourn my friends.

JOHN SMITH

9:17 pm on Friday, July 6, 2012

Well a family of lawyers what would you expect?

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Harry Gio

8:13 am on Saturday, July 7, 2012

If it happened to your parents, YOU WOULD RETAIN ATTORNEYS AS WELL... Remember, Union Pacific has HUNDREDS of attorneys on staff; as they get sued more than you would believe for their blatant disregard for safety.

Reality Calling

11:15 pm on Friday, July 6, 2012

Reilly James and John Smith..... you are both idiots, don't let anyone ever tell you otherwise. I travel under that bridge, and I hope those lawyers teach the profit driven railroad a major lesson about safety and not cutting corners. 3 derailments and 2 collapses at the same location.....are you kidding me? Who the F are you to judge the victim's family? Judge the railroad company instead, or feel free to load up the family in the car and drive under the bridge a few times.

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Josh K.

11:31 pm on Friday, July 6, 2012

You guys are clowns! Family of lawyers? Their father was a lawyer and is now dead. His colleagues (on behalf of the family) are doing what they need to do because of the timing and clean-up while the family MOURNS. Have some respect!

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Curious Resident

7:26 am on Saturday, July 7, 2012

Let's all take a breath....we need to remember that this family is in mourning and that they died wrongfully! The Union Pacific should have NEVER put the gravel down until all the coal was cleaned up and the area in which the "bridge" stood was cleaned and all bodies were recovered. The Linder Family has been a part of our community...both Northbrook and Glenview and the sons graduated from GBN. That "bridge" and the Willow "bridge" have never ever been safe. We need answers and I am thankful that the Linder Family has friends/colleagues that can do this for them in their time of mourning. May their memory be blessed and may the family get through this with the support of our communities and family and friends! To have the freight trains running 24 hours after the derailment and less than 12 hours after the bodies were discovered is a disgrace in my opinion of their memory!

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cynthia k

7:57 am on Saturday, July 7, 2012

My understanding is that having the trains running again is essential to deliver coal to the Commonwealth Edison electric facility, without which we would not have power.

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Harry Gio

8:18 am on Saturday, July 7, 2012

Union Pacific, how many more unsafe bridges do you have out there ?

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JOHN SMITH

8:47 am on Saturday, July 7, 2012

if it happened to my parents. i would be crying still and mourning.

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The Science Guy

10:01 am on Saturday, July 7, 2012

Those viaducts are designed to handle 1000 tons ofvrolling freight on average. Do the math, 28 loaded coal cars each weighing 80 tons and holding 100 tons of coal = 5,040 tons. That's 5.04 times the design weight, standing still not rolling, of course it would collapse. As far as the lawyers disputing the heat expansion causing links in the rails tha is simple physics and chemistry. Heat causes molecules to expand this would cause the rail to kink in the weakest areas of the molecular bond of the iron in the rail. The weakness of the molecular bond is caused by the repeated expansion (heating) and contraction (cooling) of the iron rails over time. It is likes cracks in the pavement and the freeze thaw cycle in winter. The crack is the weakness in the molecular bond and potholes are the kinks. They were inspecting for this, you can't keep watch over every inch of track every minute of the day.
Those of you commenting on bridge safety are just speculating, unless you are an IDOT bridge inspector you have no idea what you are talking about. You are just fear mongering!

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hopesforlife

11:56 am on Saturday, July 7, 2012

I live in the neighborhood and have had concerns about this stretch of tracks and the bridge. I understand that the bridge was not designed to withstand that kind of weight. The problem with that stretch of track is the curve the train has to take just before it gets to the bridge. It must be slightly blind curve and a sharp curve because trains have difficulty making it easily unless they slow down to almost a crawl. I have watched it many times. I am upset that they did not clear away more of the debris and sift through the coal as that is an often used pedestrian path and bikers path. I know they don't have any more reports of missing persons, but Princeton Village - the property adjacent to the track - is full of single, older individuals whose families may be gone for the weekend or who may not have family. I wasn't surprised there were two victims. Saddened by it and wishing they had made sure there were no more before they proceeded with the makeshift track. In addition, the makeshift track is of concern. The FRA doesn't have enough inspectors so it is delegating authority to the railroad - the same people who have three times now created a problem. Before that bridge is rebuilt, I think they should think hard about changing how the track and the bridge connect. Also does anyone know what the rules are concerning rebuilding a bridge so close to a neighborhood especially one that may be carrying hazardous materials?

Todd A. Heller

10:16 am on Saturday, July 7, 2012

We all have jobs we have chosen. Lawyers must seek and preserve evidence for litigation, just as medical personnel, clergy and governmental entities must perform their functions in times on tragedy. It may not be pleasant, but someone has to do it.

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Ed60062

10:44 am on Saturday, July 7, 2012

Thanks Science Guy for being rational. There is no way tracks can be inspected 24/7. They could be OK at the time of inspection and buckle an hour later. There is no such thing as fail-safe. If we insisted everything be 100% safe our country would grind to a halt. Not to mention the expense; we are already bankrupt.

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bonnie hanna

11:06 am on Saturday, July 7, 2012

Two innocent people lost their lives and their family has suffered an unbearable loss - do whatever it takes to assure there are no more tragedies - Reilly james and John smith - you should be ashamed of yourselves

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Ed60062

11:55 am on Saturday, July 7, 2012

There is not enough money in the world to "assure there are no more tragedies." There is risk in everything we do. All we can do is try to minimize loss and tragedy.

KB

11:54 am on Saturday, July 7, 2012

Thank you Bonnie! If it happened to Reilly james and John smith's parents they would be doing the exact same thing.

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Former NBK resident

11:57 am on Saturday, July 7, 2012

Why do people need to point fingers w/o any basis for opinion this early in the investigation? A tragedy ocurred and a complete investigation needs to be conducted by professionals who know what they are doing. Monday night armchair quarterbacks with no knowledge of physics or chemistry should back off and let the pros do what they need to do to answer any and all questions about the accident. Please people...take a breath and focus on prayers for the souls of these innocent people who left behind a mouring family who will be facing a tough road ahead. This back and forth spite is negativity we don't need. We are not here to judge what we have no business judging. No more accusations, name calling or shame toward anyone. Stop the insanity everyone.

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Tom Kloempken

12:18 pm on Saturday, July 7, 2012

Former NBM resident and the Science Guy: You both get four stars!!! Cod bless the Lindners and you too!

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JOHN SMITH

5:13 pm on Saturday, July 7, 2012

Has anyone even thought about pointing fingers at the couple. They were old. Maybe they hit the bridge? Maybe it was there fault? It was fourth of July right? What if they were coming and or going to a party. It is a narrow underpass. They could have lost control? Maybe car failed? Maybe driver is at fault. People are so quick to point fingers at the railroad company.

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Firechick

10:21 pm on Saturday, July 7, 2012

Just WOW..... Um Hello? Hi this is reality calling.... A vehicle would not have made the train derail nor make the bridge come down. It's not like they were driving a semi at 60 MPH for Gods sake... Use your head.

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JOHN SMITH

10:25 pm on Saturday, July 7, 2012

Hi reality but are you a expert in crashes and bridges? I was just saying could have been a factor. Ive seen a lot of weird crashes that still make me scratch my head. Also I'm using my head. Thinking of different ways the bridge could have gone down. For god sakes jeeeez

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Madison Paterson

10:28 am on Monday, July 9, 2012

In that case prehaps it should be LOCAL government authorities doing a DEATH investigation and not a PRIVATE company doing a CYA investigation.

Curious Resident

5:22 pm on Saturday, July 7, 2012

Wow John Smith! I am going to go with perhaps you don't drive that way very often, and the fact that you would even say that before these people are even buried is disturbing! The fact of the matter is...these people died because of the coal dumping and collapsing the bridge with a 30+ train car pile up! All of the train cars had coal in them. While I know there could have been other issues, if you go and LOOK at the scene you would have to rethink your statements. It was an accident that is for sure, one that was bound to happen with death to be the result. It has always been a concerned for residents in Northbrook and Glenview...derailment 1974, accidents who knows how many, derailment 2009, bridge "fixed" last year, this time people died and there might be more victims yet to be found. What if there is someone under all that who has family that lives out of town or something?!?! What if it was your parents? Would you want someone to say that about your parents? I think not!

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Ed60062

6:54 pm on Saturday, July 7, 2012

I don't think John Smith was casting blame, as many here have done. He was merely opening peoples' eyes to other possibilities and cautioning people to think before they speak.

JOHN SMITH

5:25 pm on Saturday, July 7, 2012

People have the right to say what they want. Thus this comment section. I'm just saying could have been there fault. You never know. I go down that way a lot. I know how narrow it is. I'm a glenview resident.

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roland mazzucchi

7:43 pm on Saturday, July 7, 2012

I know its a tragedy on what happen and I feel for the families but shutting down that rail line a lot of business and people would suffer sueing up rr doesn't help the couple who was killed and it doesn't prove a point it was a accident.

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Firechick

10:33 pm on Saturday, July 7, 2012

John smith, I have been to more accident scenes in 22 years on the job than you could ever imagine to see along with all the blood, guts and brains that went along with most of them. A small vehicle such as the one they were driving would not have caused the bridge to come down. There were other factors at work here. Not to mention their vehicle was found not hitting into the side of the bridge but in their proper lane with the bridge on top of the vehicle. Think about it a minute & you will realize how asinine your question was.

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JOHN SMITH

10:38 pm on Saturday, July 7, 2012

Stuff can shift during a crash. My question is not asinine. You maybe been on a lot of scenes but every scene is different . Even your 22 years doesn't mean anything, a lot of evidence had been moved so they could get train back online. So who even knows.

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Firechick

10:48 pm on Saturday, July 7, 2012

Thank you Captain Obvious!! Yes every scene is different but you obviously have no knowledge re the subject. I think you are just someone who likes to stir the pot & try & piss people off with your idiotic comments. Sorry but I am bored with you now.

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Elena F.

10:56 pm on Saturday, July 7, 2012

How dare you say it was their fault for maybe hitting that bridge. I was 7 years old in the 70's when that bridge was comprismised. That is i can't even finish this because I am so appalled by that comment.

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Elena F.

11:30 pm on Saturday, July 7, 2012

What if it was your family?

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Elena F.

11:34 pm on Saturday, July 7, 2012

Do u really think a car took out that bridge,what is this two mules for sister Sara was involed?

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JOHN SMITH

10:01 am on Sunday, July 8, 2012

You never know? It could have. I'm just seeing other angles to the crash. Do you have 22 years like "fire chick"

cynthia k

7:30 am on Sunday, July 8, 2012

Wow, what is generating all this hostility? The heat? I don't think John Smith was serious that they were "old" and caused the accident. Hardly possible unless they were transporting explosives, and then perhaps they were terrorists? I think all the sarcasm is the result of a lot of bad guessing and an assumption that the railroad must be at fault, because it is, well, BIG. Railroad versus little guys.
Truthfully, it is a great tragedy for the family of those killed, and a terrible stroke of bad luck that they were under the bridge at the time.
There is not always a human fault factor in every tragedy, though it might make people feel better to have someone to blame.
Science Guy had the best comment so far.

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David

10:03 am on Sunday, July 8, 2012

Here's the reality; Two innocent people perished (hopefully no others). The family had to file a law suit. Any family would! The railroad had to get the train back and running ASAP for all sorts of reasons. If the evidence was altered or destroyed, whether by a rush to get the train "back on track" or to "cover up" the cause of the accident, is not going to bring the lives back to their families. The "process" of law suits and investigations will clarify the tragedy. Whether the people that were tragically killed were at all responsible (which as stated earlier is highly doubtful) or not males NO difference. A tragedy occurred!!! What has to happen now is to learn lessons and do the best to prevent further accidents like this, so that the death of two innocent people is not in vain.

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Mosaic53

10:04 am on Monday, July 9, 2012

The EVIDENCE was in the process of being removed & THAT'S why they had to act so quickly! They had to bring in their own people to investigate. The victim was HIMSELF a Personal Injury Attorney & his family undoubtably knew he would've done the same for his own clients. We do not live in a proactive society. We wait until something bad happens to take corrective measures. We don't fix something before it breaks or even when we know it "might" happen again. We wait. we wait for people to die at dangerous intersections before lights or stop signs are installed. We see it on the news all the time.

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Mosaic53

10:11 am on Monday, July 9, 2012

Per Science Guy's previous cogent comments, would one consider this a "Perfect Storm" of unfortunate variables? And if so, should cargo such as this NOT be transported on a bridge in an urban area where there are a lot of drivers? Is that even a practical alternative when transported across the country? Not an expert of any kind, but what would be a solution to not occurring again? You seem to have made the most sense of any Comnents I've read.

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Madison Paterson

3:44 pm on Monday, July 9, 2012

A lot of your questions were raised when they increased the freight traffic around the suburbs. The federal government allowed the increase despite the objections of the local communities. A lot of the objections were of the NIMBY varity- however a lot of valid questions concerning safety were raised. The railroads and the federal government made assurances that all would be fine nothing to worry about. Well there have been derailments, collisions etc. that have called into question the safety of the equipment, the tracks and bridges etc. Hopefully this will all be looked into. Also all local taxpayers should ask- who pays for the emerency responders- the full cost not just a token fee- and for the road crews to evaluate the NON-RAILROAD property that was damaged? It better be Union Pacific.

Rudolph S Caparros Jr

6:12 pm on Wednesday, December 12, 2012

HazMat Experts and Firefighters petition Dow Chemical and Union Pacific for safe rail tank cars transporting gas chlorine. Secondary containment is a necessary improvement that must be implemented. See--PETITION C KIT for First Responders Comments.

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