Judge Limits Metro’s Potential Liability in Suit

November 9, 2010

A federal judge has limited the D.C. Metro’s potential liability in a suit brought by survivors of those killed in the 2009 crash on the red line by ruling that the transit agency can’t be faulted under federal law for using older rail cars.

U.S. District Judge Reggie Walton has ruled that the quasi-government agency cannot be sued for keeping using the older rail cars deemed unsafe by federal investigators because they crumple in crashes.

Unless plaintiffs find evidence that Metro violated its policies by not warning passengers of the rail car risk, Walton said he would dismiss a claim that Metro failed to do so. The trial is set for 2012.