TriMet and a bus manufacturer have agreed to pay $4 million to settle state and federal lawsuits on behalf of two pedestrians struck and killed by a bus in April 2010 in the Old Town area of Portland.
Danielle Sale, 22, of Vancouver and Jenee Hammel, 26, of Gresham, Ore., were crushed just before midnight on April 24, 2010, when TriMet bus driver Sandi Day made an illegal left turn. The 16-ton bus she was driving plowed into them and three other pedestrians as they crossed Northwest Broadway while the crosswalk’s “walk” signal was illuminated.
Hammel’s older brother, Ryan Hammel, his wife, Jamie, and Sale’s boyfriend, Erik Gittings, were injured but survived the collision.
“This was the worst tragedy in TriMet’s history, and we hope this settlement brings a sense of closure for the families,” said Neil McFarlane, general manager of the Portland-area transit agency, in a statement. “From this tragedy, TriMet has implemented safety improvements throughout the agency to reduce risks and hazards as we make safety our core value.”
TriMet will pay $2 million of the settlement, while bus manufacturer New Flyer will contribute the other half.
The plaintiffs will decide how they will share the settlement, according to a TriMet press release.
Portland police found that Day, also of Vancouver, failed to yield the right-of-way and made an illegal left turn from Northwest Glisan onto Northwest Broadway. Though she faced no criminal charges, TriMet fired Day in August 2010 because of her negligence. The Amalgamated Transit Union continues to challenge her termination.
The tragedy spurred a review of the agency’s 79 bus routes and general operations and the hiring of a safety and security executive, creation of a safety and service task force and additional safety features on new bus purchases, according to the press release.
A federal judge penalized TriMet in May for failing to release internal emails, memos and other documents related to the case to the plaintiffs’ attorneys.
The plaintiffs accused TriMet officials of attempting to stall until the period in which both sides were allowed to gather evidence had expired.
U.S. District Court Judge Michael Mosman fined TriMet $5,000 and ordered the agency to hand over the suppressed evidence.
Paris Achen: 360-735-4551; http://twitter.com/Col_Courts; http://facebook.com/ColTrends; paris.achen@columbian.com.
