Grieving family pushes Metro Transit for light rail safety changes

Almost two years ago, a Green Line light-rail train sailed through a red light in St. Paul and smacked into a sedan driven by 29-year-old Nic Westlake, who died within days of the crash.

The tragedy left Westlake's family and friends struggling to make sense of why a vibrant young life was suddenly and inexplicably cut short. They soon discovered something else: A loophole in state law that prevented the operator of the train from being charged.

The Westlakes and their supporters, as well as two key lawmakers, successfully pushed through legislation at the Capitol this session that holds light-rail operators accountable under the state's reckless and careless driving laws.

Yet the family says there's more to be done to make light rail safer — and they hope to do so either through more legislation or through litigation pending against the Metropolitan Council, which operates public transportation in the Twin Cities.

"We're uniquely positioned to take up this cause," said Westlake's mother, Lisa Westlake, of Rapid City, S.D. "We care about [safety] a lot. This shouldn't happen. These are solvable problems."

Because the Westlake lawsuit is pending in Ramsey County District Court, Metro Transit spokesman Howie Padilla said "there is little we can say on the remaining issues, but it is absolutely true that we are saddened anytime someone is harmed on our system. We take seriously our commitment and responsibility of providing a safe and secure transit system."

A jury trial is scheduled for this fall.

"The whole issue is the problem with how the Green Line was put on University Avenue," said Ryan Timlin, president of Local 1005 of the Amalgamated Transit Workers union, which represents light-rail operators. "We knew it would open up doors for things like this to happen. The trains should have been elevated or underground."

The operator of the train that hit Nic Westlake's car, Abdellatif El Maarouf, still works at Metro Transit but doesn't operate light rail or buses, Padilla said.

Gathering at the Dancers Studio in St. Paul recently, the Westlake family exudes a sense of quiet purpose. This is where Nic honed his skills as a world-class ballroom dancer with his partner and fiancée, Neli Petkova, who was injured in the crash. Recently, the grand ballroom at the studio was named in his honor.

A block away, the Green Line rumbled by with a dull clang. Light-rail trains travel regularly from downtown St. Paul to Target Field in Minneapolis, mostly snaking along the busy spine of University Avenue. Because of its inches-away proximity to pedestrians, bikes and all forms of motor vehicles, collisions with light-rail trains along the route are not uncommon.

Since beginning service in 2014, there have been seven fatal crashes involving the Green Line, according to Metro Transit. The Blue Line light rail, which began operating in 2004, counts 14 deaths along its route between downtown Minneapolis and the Mall of America.

The Westlake family is calling for Metro Transit to install video cameras in LRT operators' cabs.

"We have no idea why the driver missed that red light in our case," said Nic Westlake's older brother Peter. "There are cameras from every other angle [in light-rail trains]. We can't tell what's going on, especially with someone operating a huge vehicle that impacts thousands of people every day."

They're also pushing for bigger and brighter signs alerting LRT drivers when a traffic light turns red, now indicated by a series of horizontal and vertical bars that the family says are difficult to see. There are 68 of these intersections along the Green Line's 11-mile route.

The family is also suggesting that the advertising wraps that encapsulate trains don't cover the front cab, which they say should be brightly painted. The train that killed Nic Westlake was wrapped in a dark purple advertising sheath.

"If Nic had caught something [bright] out of the corner of his eye ..." his mom says, her voice trailing off. "I understand the value of advertising, but this advertisement drove into my son."

The family also believes automatic braking equipment should be installed in light-rail trains, which would head off collisions or runs through a red light.

"If I can go out and buy a brand-new car today and it can stop me from getting into a collision, there's really no reason why a light-rail train running on rails couldn't do the same," Peter Westlake said.

Whether more legislation is needed to achieve the Westlake family's goals is unclear.

"Obviously any legislation needs sponsors and the logical place for a family to start is with their own legislators," said Eric Janus, a professor at the Mitchell Hamline School of Law in St. Paul.

Sen. Carla Nelson, R-Rochester, who co-sponsored the bill at the Capitol, said "in spite of personal pain of loss, the Westlake family worked to produce good by pushing for a much-needed update in our traffic laws."

The House co-sponsor, Rep. Cheryl Youakim, DFL-Hopkins, said Peter Westlake and brother Seth "were with us every step of the way. They were amazing." Hearing their story "helped to put a human face on the legislation," she said.

Janus said it's not unusual for a family or an individual to push for change in the law after experiencing a tragedy, but more typically that occurs at the behest of lobbyists, nonprofit organizations and other organized entities, or the lawmakers themselves. Still, he said "people pay attention to the vivid images they have of particular stories or situations."

Peter Westlake testified at the Legislature about his brother, and the law's loophole. "It's nice to see some small change; hopefully some life we'll never meet will be saved," he said.

"I think Nic would be really proud to know that he helped make the LRT safer," he said.

Janet Moore • 612-673-7752 @MooreStrib