$11 million settlements in Chicago train deaths
CHICAGO (AP) A judge in Chicago says the Metra transit system must pay $11 million to settle two Nebraska wrongful death lawsuits stemming from a deadly 2005 train derailment.
College student Jane Cuthbert and research technician Allison Walsh were killed in September 2005. A commuter train from Joliet to Chicago derailed while changing tracks. More than 80 others were injured.
Federal officials have said the train was traveling about 70 mph. The train's engineer was fired in 2006.
On Wednesday, Cook County Judge Thomas Hogan approved the Nebraska Wrongful Death settlement.
Metra spokeswoman Judy Pardonnet (PAR'-dohn-nay) had no comment.
Wrongful death lawsuit settled against Haythorn Ranch
The lawsuit was filed in Lincoln County District Court by the estate of 5-year-old Dakota F. McKillip in November of 2004.
Dakota was killed after he fell underneath a horse being ridden by Harry Haythorn on Nov. 3, 2002.
The lawsuit was a wrongful death suit that was filed against the ranch and Harry Haythorn.
Attorneys representing the plaintiff and defendant declined to comment on the settlement but a source close to the case said the settlement amount was $50,000.
The incident in question occurred in the morning of Nov. 3, 2002, according to the suit.
Dakota was visiting his father, Franklin S. McKillip, who was a hand on the ranch and had a home there.
The ranch hands were moving cattle from the pasture to feed bunks on a cold November morning. Dakota was riding a small quarter horse owned by the ranch named Freckles.
Dakota got cold and wanted to return to his dad’s ranch house and warm up, according to the suit.
Harry Haythorn, also on horseback, noticed that no one was tending to Dakota so he volunteered to assist the boy back to the house.
Haythorn led Freckles, with Dakota riding him, to the front entrance of McKillip’s ranch house and positioned the horses to allow Dakota to dismount.
The horses were steady, according to the lawsuit, and Dakota got off of Freckles. But as Dakota walked away, he stumbled and fell underneath the hindquarters of the horse Haythorn was riding.
Dakota suffered massive injuries from the horse. He was taken to Great Plains Regional Medical Center by ambulance then taken to Denver Health Medical Center where he passed away four days later.