THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, December 16, 1994 TAG: 9412160520
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
LENGTH: Medium: 97 lines
First they were thrown from their seats and battered by flying luggage as the Amtrak train sped off its tracks in Newport News. Many wound up in the hospital. That was in 1992.
Then the 60 injured passengers who sued Amtrak lost their court case and walked away with no compensation for the crash. That was this summer.
Now those passengers are in for a new surprise: Amtrak is billing the plaintiffs in that lawsuit a total of nearly $10,000 to recoup part of the cost of defending the company against the passengers' lawsuits.
It's strictly business, Amtrak's lawyers say.
``We're not trying to be mean,'' said Amtrak's lead attorney in Norfolk, David C. Bowen of Willcox & Savage. ``We're running a business. We run it the best we can, as safely as we can. We're not going to throw the taxpayers' money away. We're not going to throw our customers' money away. . .
``Any business that doesn't attempt to recoup its costs when it is entitled to is not a very good business. We're not in business to lose money.''
But to passengers who are still paying medical bills from the crash, Amtrak's demand seems, at the least, uncaring.
Gwen Sharoff and her husband, Michael, of Williamsburg, were among the most seriously hurt. Michael Sharoff, now 76, suffered a dislocated shoulder and two torn rotator cuffs. As a result, he lost his job as an aeronautical engineer. The couple is far behind in their mortgage payments and other debts, and could soon lose their house and a gift shop that Gwen Sharoff runs.
She called Amtrak's new demand ``ludicrous.''
``This is the way they've been treating us all along,'' she said. ``They don't care for us as human beings. They didn't care that we were hurt. They didn't care that some people lost their jobs. They didn't care that some people didn't have insurance.
``It's bad enough we were victims once. Now they're making us victims again.''
Added the passengers' attorney, Stephen E. Heretick of Moody, Strople & Kloeppel, ``What you're seeing here is just plain spite.''
The Amtrak Colonial derailed on the night of Aug. 12, 1992, when two teenagers vandalized a switch near the track. About 79 passengers and crew were hurt, though no one was killed.
Amtrak paid all the medical bills for eight passengers, and some medical bills for 32 passengers, Bowen said.
Later, 60 passengers sued Amtrak, claiming the railroad was negligent. But a federal judge ruled this summer that Amtrak was not liable because it could not have anticipated or prevented the vandalism.
Now Amtrak's lawyers say those passengers must pay some costs for forcing Amtrak to defend itself against a frivolous lawsuit. The charges total $9,980, or about $166 for each passenger who sued.
Nothing personal, Amtrak's lawyers say.
``If there's a moral to be found here,'' said Stephen R. Jackson, another Amtrak attorney from Norfolk, ``it's that if you go into litigation, there are costs to be borne.''
Among the injured passengers who may have to bear the cost is Serwah Griffin of Fairfax County, a home-care nurse. She said she still has more than $10,000 in unpaid medical bills for herself and her three young children, who traveled with her.
``If Amtrak were some sophisticated carrier, they would have treated us in a more decent and kind way,'' Griffin said. ``I think Amtrak is very cheap.''
Amtrak, however, says the passengers should not be surprised by the charges. They said the passengers' lawyers should have warned them of the potential risks before the cases were filed.
``Rather than being mad at Amtrak,'' Bowen said, ``they should be mad at their own attorney.''
Heretick says he did tell his clients of the risks. But three passengers contacted for this story said they did not know they might have to pay Amtrak's costs.
``They didn't explain anything to me,'' said Griffin, who was injured along with her three children - now ages 12, 7 and 4 - on a vacation trip to Virginia Beach.
Even so, Griffin said, she does not blame her lawyer as much as she blames Amtrak. She said the railroad has never contacted her to see how she is doing, much less offered compensation.
On Dec. 1, a judge ruled that Amtrak can recover about $3,725 from the passengers - the cost of copying passengers' medical records and traveling to Florida for depositions. Amtrak also seeks $4,685 in court fees, mostly for court reporters who transcribed the hearings, and $1,570 for 10 photos taken at the Florida dispatch center.
Heretick said Amtrak is using this case as an example to discourage future lawsuits.
``These are people who just wanted their doctor bills paid,'' Heretick said.
``Even now, most of them would settle for that.''
But Bowen said Amtrak was not liable for the derailment and should not swallow the lawsuits' costs. Amtrak has already spent thousands of dollars in lawyer fees, for which it will not be reimbursed.
``We don't want people to think Amtrak is uncaring and cold,'' Bowen said, ``but we have to defend ourselves.''
Responded Sharoff, the injured passenger, ``I can tell you one thing: They're not going to get any money from me. There's no money to get.'' by CNB