Wrongful death suit may reach a settlement – 2006 case stems from teen killed on train tracks (by Mark Abramson/Daily News Staff Writer)
The family of a Burlingame teen who was killed on the train tracks almost two years ago has reached a tentative settlement in a wrongful death lawsuit against Caltrain and other defendants, including the city.
Fatih Kuc, 13, was hit by a train as he crossed the tracks near Broadway and California Drive one day after school in April 2006. The suit, filed by the family last March, also named Caltrans, SamTrans, Amtrak, the state, the county and others as defendants. The county and state were dropped from the suit after the facts regarding the case became more clear, said Jerry Nastari, the attorney for the Kucs.
The tentative settlement was reached within the past two weeks, after a mediation session with Caltrain and some follow-up talks, Nastari said. None of the parties involved is allowed to disclose the details at this point, including how much money the Kucs could receive. "I think all parties were fortunate here because all of us agreed to go to a qualified mediator and see if we could resolve this case before it got too expensive or it was dragged out," Nastari said.
The settlement agreement is being drawn up for Caltrain's board to approve it in closed session within the next month. The other defendants are being asked to contribute to it, Nastari said. Nastari said there is some comfort in knowing that Caltrain has put up safety fencing around the tracks in the area, but nothing can truly replace what the Kucs lost. "There is just no way to adequately compensate for the loss of a son," Nastari said.
Nastari argued that the city and SamTrans are liable for Fatih's death because he was killed after he got off a SamTrans bus at a stop on California Drive and he crossed the street in a city crosswalk that led to a footpath across the tracks. Fatih, like other Burlingame Intermediate School students, used SamTrans buses to get to and from school.
Amtrak operates the trains for Caltrain by providing conductors and engineers. Amtrak officials declined to comment about the lawsuit.
Burlingame's City Council was briefed in closed session Monday about how much the city was asked to contribute to the settlement, and it will vote on that once Caltrain's board approves it, City Attorney Larry Anderson said. The city's contribution will be made public once the city agrees to the amount.

– Written by Fiona