RIVERSIDE - A Union Pacific Railroad Co. train that crashed into a vehicle stuck on tracks in downtown Riverside, killing a driver who was drunk at the wheel and another young woman, could have been brought to a full stop well before the point of impact, a witness testified today.

Colon R. Fulk, a train engineer for more than three decades and a frequent expert witness in train-related lawsuits, said if he had been at the throttle of the 86-car UPR train involved in the Nov. 1, 2007, collision, he would have pulled the emergency brake at the first sign of trouble.

"I would have applied the brakes right now," Fulk testified under questioning by plaintiffs' attorney Ron Makarem. "When (the conductor and engineer) saw those headlights bouncing, they had 2,700 feet to go. You don't know for sure what's up there. Why take a chance?"

The families of Renee Ammari, 23, and 18-year-old Tanya Sayegh sued UPR for undisclosed compensatory and punitive damages. Makarem told City News Service the sum sought was seven figures long, without specifying the amount.

Testimony in the trial began last Wednesday. Fulk was the third witness called by the plaintiffs, who are expected to close their case Wednesday.

According to Fulk, his review of the actions of the conductor and engineer aboard the UPR train that fateful night raised several questions, including why the engineer was continuing to increase the locomotive's power when the crew first spotted what appeared to be car headlights on -- or in very close proximity to -- the railroad tracks a quarter-mile ahead.

"The train engineer could see two miles down the line," Fulk testified. "They knew the area, knew the road, knew the crossing. If you've got some headlights looking at you -- that's pretty serious."

Fulk said the 8-million-pound train was at 75 percent power until just seconds before impact.

"Moving that throttle to idle takes a second or less," the witness said.

In his opening statement last week, defense attorney Anthony Sonnett told jurors that the conductor and engineer had followed protocol and reacted as they should have, applying the pneumatic brakes and chopping the locomotive's power once they verified a vehicle was in the train's path. By that time, however, the train was only a few hundred feet from impact.

Sonnett argued that yanking the mile-long freight train's emergency brake could have triggered a derailment, jeopardizing motorists on the nearby Riverside (91) Freeway, as well as area residents.

Fulk called that scenario doubtful.

"I pulled the emergency brake 40 or 50 times in my career. There was never a derailment," the witness testified.

Ammari and Sayegh, both of San Bernardino, had been at a Halloween party at Cafe Sevilla in downtown Riverside just before they were killed. According to investigators, they left the party around 1 a.m., heading southeast on Mission Inn Avenue. Ammari turned her 1996 Honda Passport SUV onto a gravel strip that straddles three sets of Burlington Northern Santa Fe Railroad tracks at Santa Fe Avenue.

According to a coroner's report, Ammari had a blood-alcohol level that was nearly twice the legal limit to operate a motor vehicle in California at the time.

Coroner's officials said the disoriented woman apparently realized her mistake and attempted to make a U-turn on the tracks to get back to Mission Inn, but her SUV became stuck between the tracks and a retaining wall, with the rear of the vehicle hanging over the last pair of tracks and the headlights pointing at the wall.

Witnesses reported seeing both women outside the vehicle, looking around.

Sonnett said the women had 50 seconds to walk away before the northbound train, traveling at 36 mph, reached their location.

Coroner's officials said video from the train's front camera recorded the image of a woman standing on the passenger side of a vehicle with her hands stretched in front of her chest.

The locomotive knocked the SUV end-over-end into the women. Sayegh was pronounced dead at the scene. Ammari died about five hours later at Riverside Community Hospital.

Jury Seated for Trial of Lawsuit Against Railroad Over 2007 Deaths of Two Women

RIVERSIDE - A jury was seated today for a civil trial to resolve claims of negligence against Union Pacific Railroad in connection with the deaths of two women struck by a mile-long train in Riverside.

After more than two days of screening prospects, a 10-man, four-woman panel was chosen to hear evidence in the case, which stems from a Nov. 1, 2007, crash that killed 23-year-old Renee Ammari and 18-year-old Tanya Sayegh, both of San Bernardino.

The families of the two close friends are seeking seven-figure compensatory and punitive damage awards. The plaintiffs' attorney, Ron Makarem, told City News Service he will disclose the exact amount being sought at the end of the trial.

"Had the crew of the Union Pacific Railroad Company been alert and attentive, as per the rules governing railroad operations, they then would have seen the flashing warning-hazard lights of the (women's) vehicle and timely applied the emergency brakes." Makarem said. "Their negligent actions resulted in the deaths of two young women."

Defense attorney Anthony Sonnett said the engineer and conductor -- the only occupants of the 86-car train -- reacted as they should have given the circumstances that fateful night.

"They were alert. Their actions were extremely proper," Sonnett said. "Monday morning quarterbacking is great. You Advertisement

[ Pala Mesa Resort ] can go over and over and over situations. Fact is, these two hard-working men did the best they could. They did not put that vehicle on the tracks. This tragic tale had already been written by the time the engineer sounded the whistle."

The plaintiffs contend the UPR crew members should have pulled the 5,609- foot train's emergency break the moment they could make out the rear of Ammari's 1996 Honda Passport SUV stuck on the tracks.

But according to the defense, yanking the emergency handle could have resulted in the 8-million-pound train derailing and flinging heavy debris onto the Riverside (91) Freeway nearby or houses in the immediate area, potentially injuring or killing people.

In depositions taken by the plaintiffs, the crew acknowledged seeing lights on the tracks about a quarter-mile before the train reached the impact point, but there was no way to know exactly what they were seeing because Ammari's vehicle was angled in such a way that her headlights were shining on a wall -- not toward the approaching train.

The crew immediately began sounding the train's horn and engaging its pneumatic brakes when it became apparent they were on a collision course, but with only a couple of hundred feet to go, there was no way to halt the three- engine locomotive in time, according to the defense.

According to a coroner's report, Ammari had a blood-alcohol level that was nearly twice the legal limit to operate a motor vehicle in California at the time of the accident. Sonnett alleged Sayegh was also under the influence.

The women had been at a Halloween party at Cafe Sevilla in downtown Riverside. According to investigators, they left the party around 1 a.m., heading southeast on Mission Inn Avenue. Ammari turned onto a gravel strip that straddles three sets of Burlington Northern Santa Fe Railroad tracks at Santa Fe Avenue.

According to coroner's officials, the disoriented Ammari apparently realized her mistake and attempted to make a U-turn on the tracks to get back to Mission Inn, but the SUV became stuck between the tracks and a retaining wall.

Witnesses reported seeing both women outside the vehicle, looking around on the ground.

Sonnett said the women had 50 seconds to walk away before the northbound train, traveling at 35 mph, reached their location.

Coroner's officials said video from the train's front camera recorded the image of a woman standing on the passenger side of a vehicle with her hands stretched in front of her chest.

The locomotive knocked the SUV end-over-end into the women. Sayegh was pronounced dead at the scene. Ammari died about five hours later at Riverside Community Hospital.

Jury Selection Starts in Suit Against Railroad over Women's Deaths

RIVERSIDE - Jury selection got under way today for a civil trial to resolve claims of negligence against Union Pacific Railroad in connection with the deaths of two women struck by a train in Riverside more than five years ago.

Attorneys for the families of 23-year-old Renee Ammari and 18-year-old Tanya Sayegh, both of San Bernardino, are seeking unspecified monetary and punitive damages against UPR for the Nov. 1, 2007, crash that killed the close friends.

Riverside County Superior Court Judge John Vineyard summoned several panels of prospective jurors to the Riverside Historic Courthouse for questioning as to their qualifications and availability. There was standing- room-only in the packed courtroom.

Jury selection is expected to span the entire week.

Last week, Vineyard granted the plaintiffs' request to ask about the conductor's training on how to use a train emergency break, which goes to the heart of the lawsuit's contention that the UPR crew bears responsibility for the fatalities by failing to slow the 86-car locomotive in time to prevent it from smashing into the victims.

Ammari and Sayegh were struck after Ammari drove her black 1996 Honda Passport SUV onto tracks crossing Mission Inn Avenue.

According to a coroner's report, Ammari had a blood-alcohol level that was nearly twice the legal limit to operate a motor vehicle in California at the time of the accident.

The women had been at a Halloween party at Cafe Sevilla in downtown Riverside just before they were killed. According to investigators, they left the party around 1 a.m., heading southeast on Mission Inn Avenue. Ammari turned onto a gravel strip that straddles a pair of Burlington Northern Santa Fe Railroad tracks at Santa Fe Avenue.

According to coroner's officials, the disoriented Ammari apparently realized her mistake and attempted to make a U-turn on the tracks to get back to Mission Inn, but the SUV became stuck between the tracks and a retaining wall.

Witnesses reported seeing both women outside the vehicle at one point, looking around on the ground.

At 1:15 a.m., a northbound Union Pacific train approached the location, traveling around 35 mph. The train engineer later told investigators that he spotted Ammari's dark-colored vehicle in the train's headlight, sounded the horn and applied the brakes.

Coroner's officials said video from the train's front camera recorded the image of a woman standing on the passenger side of a vehicle with her hands stretched in front of her chest.

The locomotive knocked the SUV end-over-end into the women. Sayegh was pronounced dead at the scene. Ammari died about five hours later at Riverside Community Hospital.

The women's families also sued BNSF and the city of Riverside, but those cases were dismissed, according to court records.