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Wrongful-death Lawsuit Filed Against Caltrain
The retrial against Caltrain in the wrongful-death lawsuit will be postponed one day in order to allow time to find a new courtroom. The trial is in regards to Michail Bulnes' 16-year-old son, who was killed by a moving Caltrain.
The accident occurred in October of 2000 when Michael Bulnes Jr. got his foot stuck in a pothole along the tracks. He was struck by a southbound train just where San Mateo Avenue crosses the tracks in the city of San Bruno.
Bulnes' first case stated that his son's death could have been avoided if Caltrain had properly maintained the tracks, filling any potholes or other obstacles.
According to the defense, Michael Bulnes Jr. had failed to obey the flashing red lights and the closed pedestrian gate. The company feels that they should not be liable since he stepped past their warning system and continued on his own acclaim.
Bulnes Sr. is now pursuing a retrial in order to obtain damages from Caltrain. His attorney is still trying to find somebody at fault for the conditions of the road that killed his son.
Caltrain did openly admit that they had prior knowledge of the conditions of the railroad at that intersection but a jury in the trial did not find that this was grounds to hold the company liable for the boy's death.
The jury voted 7-5 in favor of Bulnes.
Although Caltrain has fixed the intersection in the time since the accident, the prosecution is still arguing that it is too little too late.
There are frequently deaths related to Caltrain and pedestrians. A pedestrian was killed on Friday in Millbrae.
Although most of these incidents are labeled suicides, Bulnes' death was officially ruled an accident by police investigators.
The case will go to trail on Thursday. The jury selection is beginning today and both sides have already started on their preliminary motions.