This does not bode well for decent railfans

Her admitting that she "was trespassing" is going to get this thrown out. No judge is going to hear this one.

 

I wouldn't get too worked up about this. It shouldn't affect those of us that have enough sense to stay OFF the tracks when railfanning.

 

Not only do I hope your right, but I hope she in turn is charged for the trespassing.

This reminds me of the story I once herd (not sure if its true or not) about a man who came into possession of some very expensive cigars. Cigars so expensive that he thought it cleaver to open an insurance policy on them so that if they were lost to a flood or fire or natural disaster, he would not be out his cash. What did he do next? After smoking them, he filed a claim that the cigars perished in a series of small fires.

Unfortunately for the insurance company, that was written into his policy and they were required to paid out the claim. Unfortunately for him, the insurance company in turn filed charges for arson and the guy got a lengthy jail sentence.

 

The only time a train is truly responsible for a non-rider's injuries is if it purposely gets itself off the tracks and goes out of its way to deliberately injure someone.

 

Not true. Contributive behavior (even if it is criminal) is not grounds in and of itself for dismissal, nor is it necessarily grounds for adverse judgment.

Sounds like an urban legend to me.

 

Thing is, from what I've read they werent even railfans, and now the rest of the world is rolling their eyes over how dumb America is looking day by day. Anyone ever hear about the woman that sued McDonalds for slipping over in the spill of a drink she threw at her boyfriend from getting angry? or how bout the woman that bout the RV and set cruise control and went to make a coffee and crashed, sueing the company that built the RV saying they should say cruise control doesnt actually drive the vehicle?

 

Never heard of the first one, but the second one didn't happen.

 

Mrs. Mery Grazinski, of Oklahoma City,
Oklahoma, who purchased new 32-foot Winnebago motor home.
On her first trip home, from an OU football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the drivers seat to go to the back of the Winnebago to make herself a sandwich. Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski sued Winnebago for not putting in the owner's manual that she couldn't actually leave the driver's seat while the cruise control was set. The Oklahoma jury awarded her, are you sitting down?
$1,750,000 PLUS a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home.

 

Urban Myth Click here

 

as the axiom goes..."common sense ain't so common", and the fact that there is no such crime as "criminal stupidity", this incident will most likely go to trial and a jury will most likely find the "evil railroad company" culpable for the indignities suffered by these innocent bystanders. I have also read opinions that it is the jury trials that award the most damages, bench trials being more conservative in damage awards. I can understand that since the judge is weighing the evidence based upon his/her interpretation of the law. Juries,by their composition and purpose, are never impartial, regardless of what the law may state.
Railroads are open season game in the courts of this country and have been since their
earliest days. Mostly they have brought it on themselves and have prejudiced public opinion by their arrogance and hubris.

Charlie

 

Good point...we all know how those evil trains will lunge at innocent passersby!

 

What the heck She have a radar gun as well? She got out of the way of the train then stood close enought to get hit by a piece of banding ( just a guess) I would call this woman an idiot but she would probably sue me.

I think someone saw where BNSF got hosed in Minnesota by the court and is now going for her big jackpot.

Found this blurb on the story as well! What an IDIOT!!!!"Helen Gable, while taking pictures of her niece's daughter, was exercising due care" while standing on the tracks

Due care my caboose!

 

GTRail: Sorry, http://www.snopes.com/legal/lawsuits.asp , your story needs a reference...one of several Urban Legends dissed here ! Can't believe it just because "It's on the Internet !" :tb-rolleyes: Bob C.

 

It sounds alot like true stories that I have heard come out of the US so to me I did kinda believe it.

 

Too bad this story wasnt an Urban Legend lol. Ahh well. If you type in that ladies name youll find a ton on her and how no one likes her lol. Even found something on a Miranda Lambert fan forum.

 

OK, let's not get worked up over which story is true or which is urban legend. Point is, the story of anyone dumb enough to stand in front of a train then have the nerve to sue the railroad has the base of many urban legends out there.

I have no sympathy for this woman's injuries, unless it turns out that she was blind and deaf prior to the incident.


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