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Friday, June 28, 2013
TRIMET WINS THE FEDERAL CASE SALE VS TRIMET
U.S. District Court Judge Michael Mosman has granted TriMet and Sandi Day’s motion for summary judgment in the federal lawsuit filed on behalf of the plaintiffs related to the April 2010 fatal bus collision. The motion was granted on the basis that the fatal collision did not represent a violation of the plaintiffs’ constitutional rights. The judgment dismisses the federal case against TriMet and Day in its entirety. However, a state case in this matter is still pending, set for trial in August.
April 24, 2010 fatal incident in Old Town
TriMet has always accepted responsibility for the negligent driving of the bus operator when she struck five people in a crosswalk, killing two women, Danielle Sale and Jenee Hammel. Portland Police issued TriMet bus operator Day six misdemeanor traffic citations for not yielding the right-of-way and for making an illegal left turn from NW Glisan onto Broadway. No criminal charges were brought against Day. Two TriMet internal panels and an independent external review panel all deemed the collision preventable and Day was terminated in August 2010. The Amalgamated Transit Union is challenging Day’s termination and the matter is awaiting arbitration. She was hired as an operator in October 2007.